Article 1: In order to strengthen the management of technology contracts, these Measures are formulated in accordance with the "Shanghai Technology Market Regulations". Article 2 These Measures apply to technology contracts signed by both parties or the technology transferor for legal persons and citizens of this city. Article 3 The technology contract referred to in these Measures refers to the agreement establishing civil rights and obligations entered into between the parties regarding technology development, technology transfer, technology consultation, and technology services. Article 4 The Shanghai Municipal Science and Technology Commission (hereinafter referred to as the Municipal Science and Technology Commission) is the competent authority for registration of technology contracts in this city. The Shanghai Technology Market Management Office to which it belongs is specifically responsible for the identification and registration management of technology contracts in the city.
The city’s science and technology, industry and commerce, finance, taxation, patent, finance and other relevant administrative departments at all levels should coordinate the management of technology contracts. Article 5 All enterprises, institutions and technical consulting and science and technology operating institutions that conclude technology contracts shall establish a technology contract management system. Article 6 Technology contracts are divided into the following four categories:
(1) Technology development contracts (including entrusted development contracts and cooperative development contracts);
(2) Technology transfer contracts (including Patent rights transfer contract, patent application right transfer contract, patent implementation license contract and technology secret transfer contract);
(3) Technical consulting contract (including entrusted consulting contract and perennial consulting contract);
>(4) Technical service contracts (including technical training contracts and technical intermediary contracts).
Technology contracting and technology equity participation contracts may be classified separately or as a whole into the four categories of contracts in the preceding paragraph depending on the specific content, but the non-technical parts of the contract shall not be mixed into the technology contract. Article 7 All types of technology contracts must be signed in compliance with the Contract Law of the People's Republic of China and relevant regulations of the state and this city, and shall be signed using the joint system of the Municipal Science and Technology Commission and the Shanghai Municipal Administration for Industry and Commerce (hereinafter referred to as the Municipal Administration for Industry and Commerce). Model texts of "Technology Development Contract", "Technology Transfer Contract", "Technical Consulting Contract" and "Technical Service Contract" issued by the State Council. Article 8 The responsibilities of the Municipal Technology Market Management Office in managing technology contracts are:
(1) Responsible for qualification review, business guidance, supervision and inspection of technology contract registration points;
(2) ) Responsible for the training and assessment of technical contract identification and registration personnel;
(3) Responsible for the summary and analysis of technical contract statistical data, and submit it to the relevant national and municipal authorities on time;
(4) Other management work related to technology contract registration. Article 9 The identification and registration of technology contracts shall be carried out by the technology contract registration points dispatched by the Municipal Technology Market Management Office. The registration point for patent technology contracts is located at the Municipal Intellectual Property Office.
Relevant departments authorized by the Science and Technology Commission of each district and county and the Municipal Science and Technology Commission may apply to establish a technology contract registration point if the conditions are met. After the qualification review of the Municipal Technology Market Management Office, it will be reported to the Municipal Science and Technology Commission for approval and issued. After the technology contract recognition and registration seal is issued, the technology contract recognition and registration work for this region or system can be accepted. Article 10 The following conditions must be met to establish a technology contract registration point:
(1) Have a fixed registration place;
(2) Have full-time technical contract identification and registration personnel. Article 11 The responsibilities of the technology contract registration point are:
(1) Review and identify technology contracts in accordance with the "Contract Law of the People's Republic of China" and relevant regulations of the state and this city; < /p>
(2) Classify, register and archive the reviewed and identified technology contracts;
(3) Summarize and analyze the statistical data of technology contracts and report them to the city’s technology market on a monthly basis Submit to the management office;
(4) Other registration and management work related to technology contracts. Article 12 Personnel who identify and register technology contracts must undergo unified training by the Municipal Technology Market Management Office and pass the assessment and obtain a certificate before they can engage in the identification and registration of technology contracts.
Technology contract registration points and registration personnel shall not engage in technology trade activities directly or indirectly. Article 13 Contents of recognition and registration of technology contracts:
(1) Whether it is a technology contract;
(2) Whether the contract terms comply with the Contract Law of the People's Republic of China and the People's Republic of China 》;
(3) Whether the parties to the contract are legal contract subjects.
Article 14 Contracts signed with respect to the following contents do not fall within the scope of technical contract registration:
(1) Survey, design, construction, and installation of construction projects;
(2) Products Processing, production, maintenance, sales and business contracting of parts and components, installation and maintenance of equipment, transportation, warehousing and storage of goods, labor cooperation, construction project contracting;
(3) Life services and commodities Intermediaries and other non-technical services;
(4) Teaching training for students in various schools (classes) and production practices arranged for students;
(5) National and local plans science and technology projects within the company and science and technology projects of the unit undertaken by non-independent science and technology management and technical consulting agencies. Article 15: For a comprehensive project that contains both technical and non-technical parts, if it is required to enjoy preferential treatment in technology transactions, the parties to the contract shall clearly separate the technical and non-technical parts and sign a technical contract and an economic contract respectively.