Chapter I Purpose Article 1 The guiding ideology of Shanghai National Technology Transfer Center of China Academy of Sciences (hereinafter referred to as "Technology Transfer Center" or "Center") is to follow the policy of the Institute in the new period, face the national demand and take the market demand as the guide, make use of the scientific research, technology and talent resources of research institutions in the whole hospital, strengthen cooperation with other branches and transfer centers, promote the combination of research resources such as science and technology, talents and information with key industries and key enterprises, and carry forward the tradition. Through the combination with various social resources, with the help of industrial incubation, university cooperation and other platforms, we will organize, guide and promote the transformation and technology transfer of scientific and technological achievements in research institutions of the Chinese Academy of Sciences, actively promote the docking of scientific and technological achievements with the market economy, and form a new technology transfer mechanism with continuous regeneration, open flow and effective transformation of technological achievements. Article 2 The main tasks of the technology transfer center are: (1) to promote the transformation of scientific and technological achievements and technology transfer; (2) Providing comprehensive services for scientific research institutes and enterprises; (three) to promote the construction of enterprise technology center; (4) Strengthening international cooperation in technological innovation; (5) Organize and coordinate integration projects. Article 3 The main work requirements of a technology transfer center are as follows: (1) Taking market demand and enterprise demand as work objectives; (two) run intermediary institutions, and constantly explore the effective operation mechanism and development model of technology transfer center in practice; (3) Facing the research institutes in related fields of the whole hospital, make full use of the existing technical advantages and scientific and technological resources, and accumulate successful experience in the transformation and industrialization of scientific and technological achievements; (4) Accelerate the training of specialized technology transfer talents. Chapter II Organizational Structure of the Center Article 4 Shanghai National Technology Transfer Center of China Academy of Sciences should learn from the effective and feasible methods of foreign scientific research institutions and domestic technology transfer intermediaries such as university technology transfer offices, national technology transfer centers and professional management consulting companies, and explore new models suitable for the national conditions and the actual situation of the Institute. The center operates according to the intermediary mode of not taking profit as the fundamental goal, semi-official market (center and company coexist) and dynamic combination of units. Give full play to group advantages and embody comprehensive functions; Make full use of existing resources and technological advantages, serve technological innovation of enterprises, play a role of demonstration and guidance, and focus on highlighting technology, fields and regional characteristics. The branch took the lead in setting up the Council of Technology Transfer Center and Shanghai Zhongke Guojia Technology Transfer Co., Ltd. to tap the human resources of existing institutions. After deployment and integration, a central comprehensive office was established, supplemented by the Intellectual Property Department and several professional departments. Article 5 The Central Council is the highest authority and decision-making body of the Center. Article 6 The Technology Transfer Center is located in Shanghai Branch of Chinese Academy of Sciences. Article 7 General Office: Organize and coordinate research institute cooperation and branch establishment, environmental analysis and research, policy research, achievements and technical appraisal, contract confirmation, etc. Article 8 Intellectual Property Department: tracking and analyzing patents and new scientific and technological achievements, and acting as an agent for patent applications; Assist or be entrusted with the transfer and implementation of the patent right; Manage intellectual property rights and coordinate related affairs. Article 9 Professional departments: They are composed of departments designated by the Center or relevant research institutes. Carry out technical marketing, technical consultation, evaluation, business planning, enterprise management, consultation and project promotion. Article 10 Staffing: The transshipment center consists of full-time staff, and employs a number of scientific and technological managers, as well as legal consultants and financial consultants. Chapter III Branches of the Center Article 11 In order to further strengthen scientific and technological cooperation with Zhejiang, Fujian, the Soviet Union and other surrounding areas of Shanghai and organize technical exchanges and cooperation in an alliance and institutionalized manner, the Center will selectively establish non-independent legal person branches in these areas. The establishment of a central branch company must meet the following conditions: (1) It can get the support of relevant local government departments and provide corresponding preferential policies; (two) agree with the work objectives and tasks stipulated in the articles of association and detailed rules for the implementation of the center, and keep consistent with the center; (3) Having a fixed workplace and public facilities; (four) full-time staff (the center sent part-time staff and participated in the leadership team); (five) operating expenses (generally not less than 200 thousand yuan/year); (6) Having matching funds for project transfer and corresponding venture capital capability. Branches implement the enterprise membership system and are managed by the central comprehensive office. The establishment of a central branch of an independent legal person must be discussed and approved by the central Council. Chapter IV Operation Mode of the Center Article 12 The Center mainly promotes the implementation of the National Technology Transfer Center from two aspects. On the one hand, according to Zhejiang, Shanghai, Jiangsu and Fujian, the four key areas of cooperation between Chinese Academy of Sciences and Shanghai Branch, strategic alliances are formed with existing * * * science parks and key technology transfer enterprises to form large-scale technology transfer and application; On the other hand, it is to use the new mechanism of market behavior, without geographical restrictions, and carry out technology transfer with enterprises in terms of scale and quality improvement based on the principles of Shanghai, facing East China, radiating the whole country and aiming at the international market. Strive to grasp the important links and key elements of technology transfer and explore the operation mode of technology transfer on the three platforms of "organization, technology and capital". Thirteenth in order to promote the diversification and large-scale development of technology transfer, the organization platform will explore the establishment of Industry-University-Research Cooperation Alliance membership system. Membership system is to establish a collaborative innovation mechanism among scientific research institutes, enterprises and enterprises, and to establish a long-term and stable deep-level cooperative relationship with member enterprises. Its main functions are as follows: firstly, using the existing scientific and technological resources of the Institute to solve technical problems for enterprises, realizing cooperation among enterprises and sharing some technical resources, and correspondingly improving the technical level of the whole related enterprise groups; The second is to form the scale effect of technological innovation and transfer, avoid low-level repeated technological development by enterprises, and reduce the threshold and cost of using advanced technologies by enterprises; The third is to help enterprises improve their absorptive capacity and application level of technology transfer, including technical training, so that enterprises can effectively master the application ability of high and new technologies. At present, it is planned to establish three modes of membership. (1) Industry members: Establish an industry technology transfer alliance mainly around certain * * technology needs of the industry, such as Shanghai Optoelectronic Technology Industry Development Base. (2) Regional members: focus on scientific research cooperation with key regions, and organize technical exchanges and cooperation in an alliance and institutionalized way, such as establishing sub-centers of Shanghai National Technology Transfer Center in these regions (initially considering Hangzhou, Ningbo, Suzhou, Wenzhou and Yixing) and jointly building science parks with the Academy of Sciences (Hangzhou and Jinhua). The center will be committed to cooperating with the pillar industries of economic development in these areas and making contributions to regional economic development. (3) Enterprise members: establish joint laboratories between scientific research institutes and enterprises. In the future, the focus is still on strengthening the work of co-building research centers with enterprises and forming research and development bases that work closely with enterprises. Fourteenth technology platform technology transfer comes from the continuous technical support of the institute, and it needs to rely on the technology, talents and social resources of the Academy of Sciences to build a technology platform, so as to form the continuous regeneration, open flow and effective transformation of technological achievements. (1) Technical project resources: A: Reserve a number of innovative technologies and projects with industrialization prospects in the hospital. B: Combining the scientific and technological achievements of the research institutes affiliated to Shanghai Academy of Sciences. C: Information resources of Shanghai Technology Market Management Office (there are thousands of technology development and transfer projects every year). (2) Human resources of science and technology: Technology transfer needs the strong support of multidisciplinary human resources. The Academy of Sciences has gathered a group of disciplines with important influence at home and abroad and a large number of outstanding scientific and technological talents, which have strong scientific and technological innovation ability and formed an effective support for enterprise technology transfer. (3) International cooperation resources: The Academy of Sciences has frequent academic and technical exchanges with relevant foreign scientific research institutions, and the Center will gradually cooperate with famous foreign technology transfer institutions, which will help to master the latest high-tech trends, and also help to digest and absorb foreign advanced technologies at home and transform them into domestic technological innovation and technology transfer capabilities. Fifteenth capital platform technology transfer is a process of combining technology with capital. Therefore, we must absorb social funds in a market-oriented way and build a fund platform to promote technological growth and entrepreneurship. The platform is mainly composed of the following parts: (1) Investment company: unblock the grafting channels of social capital and institute technology, form a special model, and effectively promote the transformation of scientific and technological achievements. The research institute provides innovative results, and the investment company invests funds for pilot incubation. After successful incubation, the technological achievements are transferred to the enterprise as a whole. (2) Strive for various funds provided by the government, such as the National SME Technology Innovation Fund and the Shanghai SME Technology Innovation Fund, to help scientific research institutes and enterprises accelerate the industrialization process in the process of transforming scientific and technological achievements. (iii) Seed funds provided by local governments. Ningbo, Hangzhou, Jinhua and other places provide "seed funds" to the Academy of Sciences every year. The center will assist the relevant departments of local governments to effectively implement these funds in the process of industrialization of local technological achievements. Chapter V Project Management and Distribution Mechanism Article 16 The project sources of the project source center are mainly divided into three categories, and different management laws are implemented according to different project source channels. (1) Projects organized and implemented by the Center and directly funded by the state, local governments, academies of science and enterprises are called Class I projects; (two) projects provided by the governing unit, coordinated and funded by the center are called Class II projects; (3) Projects provided by intermediaries (social organizations and individuals) and coordinated by the central organization are called three types of projects. Seventeenth project undertaker responsibility center should set up professional departments in each member unit. All professional departments accept the overall management of the center, take charge of the business work in related fields, and undertake the implementation of each project or sub-project. The center is responsible for guiding, coordinating and checking the implementation of the project. (1) For the project organized and implemented by the Center, the Center has the right to propose and establish the overall unit and other participating units of the project according to the facts. The implementation of the project is jointly completed by the overall unit and the participating units. The center is responsible for guiding, coordinating, organizing and checking the implementation of the project. The responsibility for its implementation, planning, organization and coordination shall be borne by the center, and the specific responsibilities, rights and benefits shall be stipulated in the project agreement signed with the overall unit and all parties; (two) the overall unit refers to the member units or the main task undertakers who have completed more than 50% of the project task indicators. The responsibilities of the overall unit are: 1. Assist the center in the management, inspection and acceptance of the project; 2. Be responsible for making the project implementation plan, node arrangement and task division; 3. According to the requirements of the project agreement, complete the project on time and with high quality; 4. Assist and cooperate with the Center in the appraisal and acceptance of the research results of the project. The overall unit shall be responsible for the progress of the project and own its research results and intellectual property rights. The responsibilities, rights and interests of the overall unit and all parties shall be clearly defined in the project agreement signed separately. (3) Participating units refer to all units involved in project research, development and implementation. The responsibilities of the participating units are: 1. Accept the guidance and inspection of the center and the overall unit; 2. According to the plan requirements, complete the project tasks undertaken by the unit; 3. Support and cooperate with other work of the Center. The specific responsibilities, rights and interests of the participating units should be clearly stipulated in the project agreement signed with the overall unit. Article 18 Project Organization and Management (1) Project negotiation stage: 1. First-class projects: the center is the lead unit, which is responsible for organizing technical experts to negotiate with Party A (technical demander) according to the requirements of the demander, and at the same time, the center establishes the overall technical research unit according to the facts and proposes relevant participating units; 2. Category II projects: projects that need the coordination and organization of the Center because the director unit provides information and participates in the project implementation. According to the technical requirements of Party A, the Center enters the negotiation stage with the director unit providing information and relevant technical holders to determine the general unit, which is responsible for the project operation of specific participating units. 3. Three types of projects: projects with information provided by intermediaries and coordinated by the center. The intermediary shall withdraw the agency fee according to the proportion stipulated by law. (II) Project signing stage: As the Center is the lead unit of the overall organization and bears certain responsibilities, the owner of the technical achievements is the overall unit that completed the project, so the project signatory should sign and seal for the overall unit. (3) Project implementation stage: 1. As the lead unit of the whole organization, the center has the responsibility to inspect or conduct necessary spot checks on the implementation of the project and the use of funds, inform the Central Council of the implementation of the project on time, communicate with the upper and lower channels in time, and exchange information and experience. The main person in charge of the project shall, according to the implementation of the project, submit the project summary report and the report on the use of funds to the Central Council in stages, and accept the inspection and inquiry of the Central Council and all members. 2. The center coordinates, organizes and assembles the scientific and technological advantages of each member unit to tackle key problems, and the overall unit is responsible for the specific management to ensure the completion of the task. The center will inquire and check the implementation of the project at any time and inform the Council. All units should strengthen project management to ensure that the project is completed as planned. All parties who have completed the project shall implement and manage the technical contract in strict accordance with the newly promulgated contract law of the state, and timely certify and register the technical contract. The center will take effective forms to publicize key projects, expand its influence, and timely organize cross-regional or nationwide exchanges and promotion to generate greater social and economic benefits. Chapter VI Financial Management System Article 19 Principles of fund management: Project funds shall be managed according to the principle of "whoever signs the contract shall manage it". Projects led by the center and organized and implemented in the name of the center shall, in principle, be funded by the center. The Center will adhere to the principles of fairness, openness and justice, rationally allocate projects according to the project content and technical requirements, invite public tenders for all governing units and the society, and determine the project implementation units, and each implementation unit will manage according to the principle of "earmarking". Within the scope of the financial system and this law, the main person in charge of the project is fully responsible for the use of funds. The main person in charge of the project must control the expenditure in strict accordance with the project budget and use the project funds in strict accordance with the relevant provisions. Article 20 The Center shall supervise and inspect the management of funds to ensure the effective and rational use of funds. All units and individuals involved in project implementation should consciously accept the financial supervision of the center. Article 21 Provisions on the extraction of project management fees: (1) For the projects accepted by the Center and organized and implemented by the Center, the Center shall extract management fees at a rate not higher than 5% of the contract amount (the specific proportion may be agreed separately according to the particularity of the project, the same below). (2) For the project information provided by the competent unit, the center is responsible for organizing and coordinating the completed projects, and the center will withdraw the management fee not higher than 3% of the contract amount. Article 22 Provisions on the Intermediary's Withdrawal of Intermediary Fee: For the horizontal technology contract project realized by the Intermediary and signed by the Center, after the contract amount reaches the account number, the intermediary fee not higher than 5% of the amount or other amount agreed with the Center in advance can be withdrawn and sent to the Intermediary. The center encourages people, organizations and intermediaries inside and outside the hospital to actively contact the center to promote the transformation of scientific and technological achievements in our hospital. Article 23 The Center shall set aside no more than 30% of the management fee as an incentive fund every year to reward the people who have contributed to the Center (including all members of the board of directors). Article 24 Violation of the provisions of the financial system: The undertaking unit shall be responsible for recovering and repaying all unreasonable expenses for projects cancelled due to serious violation of the financial system and embezzlement. Article 25 Provisions on the completion and suspension of projects: For projects that have been completed according to the expected objectives, the remaining funds shall be retained by the participating project implementation units, and the project team members of the participating project implementation units shall have the priority to use and control; The Center has the right to freeze project expenditures for projects that are not implemented according to the project contract, and to unfreeze funds for projects that really need to be adjusted after the formal approval of the adjustment plan; If the project is suspended for some reason, the person in charge of the project should cooperate with the financial department of the center to clean up the capital accounts and assets in time, and prepare the final accounts and asset list. The comprehensive office of the center is responsible for organizing the inventory and handling of the project and reporting the handling opinions to the central Council. Article 26 The Center requires all member units undertaking the project to perform the contract in strict accordance with the terms of the technical contract signed with the technical demander. The center and member units are based on the project acceptance and certification of the technical demanders. Article 27 The financial affairs of the Center shall be supervised and managed by Shanghai Branch of Chinese Academy of Sciences and the Board of Supervisors of the Center. Article 28 this law shall come into force as of the date of promulgation, and the comprehensive office of the center shall be responsible for the interpretation.