(1) Industrial property right transfer or licensing contract. Industrial property right transfer or license contract refers to the contract involving the transfer or license of invention patent, utility model patent, design patent and trademark right (except the contract only involving the transfer of trademark right);
(two) the proprietary technology license contract. A proprietary technology license contract refers to a contract that provides or teaches technical knowledge about manufacturing a product or applying a process, product design, process flow, formula, quality control and management, but has not been made public and is not protected by industrial property law;
(3) Technical service contracts. Technical service contract refers to the contract in which the supplier uses its technology to provide services or consultation for the recipient to achieve specific goals, including the contract in which the recipient entrusts or cooperates with the supplier to carry out project feasibility study or engineering design, the contract in which foreign geological exploration teams or engineering teams are hired to provide technical services, and the contract in which the supplier is entrusted to provide services or consultation on enterprise technical transformation, production process improvement, product design and quality control, enterprise management, etc. (except the contract in which foreigners are employed by Chinese enterprises);
(4) Cooperative production contracts and cooperative design contracts containing industrial property rights transfer or licensing, proprietary technology licensing or technical services;
(5) Import contracts for complete sets of equipment, production lines and key equipment, including industrial property rights transfer or licensing, proprietary technology licensing or technical services;
(six) other technology import contracts that the examination and approval authority considers that the examination and approval procedures should be fulfilled. Article 3 When importing technology, a company, enterprise, organization or individual without the right to operate foreign technology import shall entrust a company or enterprise with the right to operate foreign technology import to sign a technology import contract and issue a power of attorney. Article 4 Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises (hereinafter referred to as foreign-invested enterprises) established within the territory of People's Republic of China (PRC) shall go through the examination and approval procedures in accordance with the provisions of these Detailed Rules.
Where a foreign investor of a foreign-invested enterprise invests in industrial property rights or proprietary technology, it shall be handled in accordance with the laws and regulations of the state on foreign-invested enterprises. Article 5 The examination and approval authorities of technology import contracts are the Ministry of Foreign Economic Relations and Trade (hereinafter referred to as MOFTEC) and the foreign economic relations and trade departments, commissions, bureaus and other administrative organs of provinces, autonomous regions, municipalities directly under the Central Government, coastal open cities, special economic zones and cities with separate plans (hereinafter referred to as authorized examination and approval authorities). Article 6 Technology import contracts shall be examined and approved at different levels in accordance with the following provisions:
(1) The technology import contract of the project whose feasibility study report is examined and approved by the ministries, commissions and directly affiliated institutions of the State Council shall be examined and approved by the Ministry of Foreign Trade and Economic Cooperation;
(2) For projects whose feasibility study report is approved by the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, coastal open cities, special economic zones and cities under separate state planning or their authorized competent departments, the technology import contracts shall be examined and approved by the authorized examination and approval authorities at the same level; Technology import contracts signed by other companies in different regions may be examined and approved by the authorized examination and approval authority where the entrusting party is located after obtaining the consent of the authorized examination and approval authority. After the contract is approved, the authorized examination and approval authority in the place where the contract is signed shall send a copy of the contract approval certificate to the authorized examination and approval authority in the place where the entrusting party is located for the record. However, the technology import contracts signed by companies located in Beijing entrusted by different regions (excluding Beijing-funded companies) shall be examined and approved by the Ministry of Foreign Trade and Economic Cooperation;
(three) the technology import contract signed by a foreign-invested enterprise to obtain technology from a supplier, which belongs to a foreign-invested enterprise approved by various ministries and directly affiliated institutions in the State Council, shall be examined and approved by the Ministry of Foreign Trade and Economic Cooperation; Others shall be examined and approved by the authorized examination and approval authority respectively. Article 7 A technology import contract shall specify the following items:
(a) the name of the contract;
(2) The content, scope and requirements of the imported target technology;
(3) Standards, time limit, measures and risk liabilities for technology import;
(four) the obligation to keep the imported technology confidential and improve the ownership and sharing of the technology;
(five) the total price or remuneration and each price, as well as the payment method;
(six) the calculation method of the amount of compensation for breach of contract;
(seven) the way to solve the dispute;
(8) Interpretation of nouns and terms.
Annex materials related to the performance of the contract may be used as an integral part of the technology import contract according to the agreement of the parties. Article 8 For a technology import contract involving the transfer or licensing of a patent right or trademark right obtained in China, the relevant patent number or patent application number, trademark registration number and the attached trademark pattern shall be clearly stated. Where the patent right is transferred, it shall be filed with the Patent Office in accordance with the provisions of the Patent Law of People's Republic of China (PRC); Where a trademark is licensed, it shall be filed with the Trademark Office in accordance with the provisions of the Trademark Law of People's Republic of China (PRC).