Science and technology, economy, finance, finance, industry and commerce administration, taxation and other administrative departments should participate in the management of the technology market and create good conditions for the technology market. Article 4 Units and individuals with technology can conduct technology trading activities in accordance with the principles of voluntariness, equality, mutual benefit and compensation, honesty and credit, and are not restricted by regions, departments and forms of ownership. Chapter II Technology Market Management Institutions Article 5 The provincial science and technology management department shall, jointly with relevant departments, coordinate and guide the technology market of the whole province in accordance with relevant national laws, regulations and these Provisions. Sixth science and technology management departments at all levels should set up technology market management institutions to specifically exercise the government's management functions of the local technology market. Article 7 The main tasks of technology market management institutions are:
(a) responsible for the supervision and inspection of the implementation of laws, regulations and policies related to technology market work;
(two) in conjunction with the relevant departments, responsible for the approval and management of technology intermediaries and technology development and operation institutions;
(three) responsible for the identification and registration of technology contracts and the statistics of technology market, analyzing and feeding back the information of technology market, and providing decision-making basis for macro management;
(four) responsible for technical legal advice, assist the relevant departments to arbitrate technical contract disputes, and maintain the normal order of technical transactions. Chapter III Intermediary Institutions Article 8 A technology intermediary institution shall be established in accordance with the relevant provisions of the state, approved by the relevant departments, reviewed by the local technology market management institutions, applied for registration with the local administrative department for industry and commerce, and obtained a business license before it can start business. Article 9 A technology intermediary institution shall meet the following conditions:
(1) Having a clear service direction and business scope;
(2) Having funds, business premises, scientific and technical personnel and management personnel suitable for its business scope;
(3) Having sound rules and regulations;
(four) other conditions that meet the relevant laws, regulations and rules of the state and this province. Article 10 A technology intermediary institution shall undertake the obligations of communicating information, evaluating technology, truthfully reflecting the performance ability of both parties to the transaction, assisting the transaction, being honest and trustworthy, keeping secrets and safeguarding the legitimate rights and interests of the parties. Article 11 Intermediaries shall engage in technology trade activities within the scope of approval and registration, and accept the supervision and guidance of competent business departments and technology market management institutions. Chapter IV Management of Technology Trade Article 12 The business scope of technology market includes technology development, technology transfer, technology consultation, technology service, technology training, technology contracting, technology shareholding and technology export. Article 13 The scope of technical commodities:
(a) research and development of new technologies, new products, new processes, new materials and their systems;
(2) Patent right transfer, patent application right transfer, patent licensing, non-patented technology transfer, etc. ;
(three) the feasibility study, technical prediction, special technical investigation, analysis and evaluation report of the technical project;
(4) Personal technical achievements issued by the unit certificate or legal guarantee;
(five) other intellectual labor achievements that constitute technical commodities. Fourteenth technology trade can be carried out through the permanent (mobile) technology market, technical achievements exchange (transaction) meeting, bidding meeting, negotiation meeting, intermediary agency matchmaking, direct meeting between supply and demand, etc. Fifteenth technology trade must abide by the laws, regulations and relevant provisions of the state, and accept the supervision and inspection of technology market management institutions and industrial and commercial administration, taxation, finance and other departments. Article 16 Technical commodities must be conducive to developing new products, improving product quality, reducing product cost, improving management and increasing economic benefits.
Technologies involving national security or major economic interests that need to be kept confidential shall be traded in accordance with relevant state regulations. Chapter V Management of Technology Contracts Article 17 A technology contract must be concluded in accordance with the Technology Contract Law of People's Republic of China (PRC) and relevant regulations, and the technology transfer contract, technology development contract, technology consultation contract and technology service contract with unified format in the whole province shall be used respectively. Eighteenth the implementation of technology contract registration system. Technical contracts (including notarized and certified contracts) must be registered in the local technical contract registration agency (only for a fee). Banks, taxation and other relevant departments shall go through the formalities of payment or tax exemption with the registration certificate.
Patent transfer, patent application right transfer and patent licensing contract shall be registered with the local patent management agency. Nineteenth levels of science and technology management, industrial and commercial administrative departments should be based on the characteristics and requirements of the socialist commodity economy, and in accordance with the scope of business of their respective departments, collaborative management of technology contracts. Twentieth industrial and commercial administrative departments at all levels are responsible for confirming invalid technology contracts and investigating cases of illegal activities using technology contracts. The administrative department for industry and commerce shall, after entrusting the local administrative department for science and technology or the patent administration institution to make a conclusion, deal with the technology contract that involves illegal monopoly of technology, hinders technological progress and infringes on the technological rights and interests of others.