(1) Technology development contracts (including commissioned development contracts and cooperative development contracts);
(2) Technology transfer contract (including patent right transfer contract, patent application right transfer contract, patent licensing contract and non-patented technology transfer contract);
(3) Technical consulting contracts (including entrusted consulting contracts and perennial consulting contracts);
(4) Technical service contracts (including technical training contracts and technical intermediary contracts). Article 3 The Guizhou Provincial Science and Technology Commission (hereinafter referred to as the Provincial Science and Technology Commission) is the competent authority for the identification and registration of technology contracts in this province. Its duties are:
(a) to be responsible for the examination and approval of the technology contract registration agency, and to guide, supervise and inspect its business;
(two) responsible for the training, examination and certification of technical contract registration personnel;
(three) responsible for the summary and analysis of the statistical data of the technical contract registration agency, and submit it to the relevant departments of the state and this province on time;
(four) other work related to the registration and management of technology contracts. Science and technology, industry and commerce, finance, taxation, finance and other relevant administrative departments shall cooperate with the identification and registration of technology contracts. Fourth technology contract registration by the provincial science and Technology Commission approved and established in accordance with the law of technology contract registration agencies. Article 5 The establishment of a technology contract accreditation and registration institution must meet the following conditions:
(a) the relevant documents and certificates that should be submitted when applying for the establishment of a technology contract accreditation and registration institution;
(2) Having a fixed place;
(three) there are more than two qualified full-time (part-time) technical contract registration personnel. Article 6 The responsibilities of the technology contract accreditation and registration institution are:
(a) conscientiously implement the relevant laws and regulations, in accordance with the technology contract law and relevant regulations, review and identify technology contracts;
(2) technical appraisal;
(3) Classifying, registering and filing the technology contracts confirmed through examination;
(four) approved technical income and bonus amount;
(five) summarize and analyze the statistical data of technical contracts and submit them to the Provincial Science and Technology Commission on time;
(six) keep the technical secrets of the state and the parties concerned.
(seven) accept the guidance and supervision of superiors and relevant law enforcement departments. Article 7 The technical contract registrar shall implement the post responsibility system. Registered personnel should be loyal to their duties, be honest and fair, provide civilized services, correctly implement laws, regulations and policies, fully perform their duties, and improve the quality and efficiency of work. The registrar of technology contract identification shall not engage in technology trading activities.
The technical contract registrar shall have a technical secondary school education or above and a technical title or above. Familiar with and master professional technical knowledge and relevant legal knowledge, with corresponding policy level and good professional ethics.
The registrar of technical contract identification must go through the training and examination of the provincial science and technology commission and obtain the certificate of conformity before engaging in the work of technical contract identification and registration. Undocumented personnel shall not engage in the identification and registration of technical contracts. Article 8 A technology contract applying for accreditation and registration shall use a unified standard format text jointly issued by the State Science and Technology Commission and the State Administration for Industry and Commerce. Non-standard format text must comply with the relevant provisions of the technology contract law. Article 9 To apply for the confirmation and registration of a technology contract, the research and development party, the transferor, the consultant, the service party or the intermediary party of the contract shall, within 30 days from the effective date of the technology contract, apply to the technology contract confirmation and registration authority in the region or industry where it is located with 5 copies of the contract and 2 copies of relevant annexes. If the transferor is not within the administrative region of this province, the transferee shall go through the filing procedures. Article 10 For a contract under any of the circumstances listed in Article 13 of the Regulations for the Implementation of the Technology Contract Law, when applying for confirmation and registration, the parties concerned shall submit the approval documents of the relevant departments and the necessary licenses; A non-patented technology transfer contract signed by an individual shall submit a confirmation letter of non-post technological achievements of the unit or the relevant unit; Where an agent is entrusted to conclude a contract, a copy of the power of attorney shall be submitted; Involving state secrets, it shall be handled in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Guarding State Secrets. Article 11 The identification and registration of a technology contract shall be based on the text of the technology contract and relevant materials submitted by the parties, and the technology contract law and its implementing regulations shall be the standard. The parties shall clearly define the rights and obligations of both parties in the contract and truthfully reflect the actual situation of the technology transaction. Article 12 The technology contract accreditation and registration institution shall classify and file the technology contracts that meet the registration requirements, issue the technology contract registration certificate to the parties, and affix the special seal for technology contract registration on the contract text. In any of the following circumstances, registration shall not be granted.
(a) signed by an unincorporated entity in the name of a legal person;
(two) in violation of laws and regulations or damage to national interests, social and public interests, infringement of the legitimate rights and interests of others;
(three) illegal monopoly of technology, which hinders technological progress, or the subject matter belongs to the technology that should be eliminated or restricted by the state;
(four) personal transfer of non-service inventions without proof of the unit;
(five) the relevant examination and approval procedures, certification materials or seals are incomplete;
(six) there is no technical contract characteristics or lack of main terms such as the subject matter, price, remuneration and payment method;
(seven) there are other major defects that make the contract impossible to perform.