Article 1: To prosper our province’s technology trade, strengthen technology market management, promote the rapid application of scientific and technological achievements and expertise in material production, and enable science and technology to better serve economic construction, according to the national Relevant laws and regulations are formulated based on the conditions of our province. Article 2: Scientific research, education and other public institutions, social groups, industrial and mining enterprises and individuals can participate in technical commodity trading activities without restrictions on regions, departments, affiliations and economic forms. Article 3 Technology trading activities shall follow the principles of equality, voluntariness, compensation, good faith and consensus through consultation. Article 4 The technology market is an important part of the socialist unified market. The business scope of our province's technology market mainly includes technology transfer, technology development, technology consulting, technology services, technology training, technology contracting, technology equity investment and various horizontal alliances in scientific research and production.
The operation of the technology market can take many forms: setting up permanent units to operate technology commodities, holding technology trading fairs, and buyers and sellers directly conducting technology trading activities, etc. Article 5 The science and technology committees at all levels (hereinafter referred to as the science and technology committees) are the working agencies of the people's governments at the same level to manage the technology market and are responsible for organizing and supervising the implementation of these regulations. Article 6: Technology products promoted in the technology market should be technologies that help develop new products, improve product quality, reduce product costs, improve business management, and increase economic benefits.
The transfer of technologies involving national security or major economic interests that need to be kept secret shall be handled in accordance with the "Regulations on Science and Technology Confidentiality" of the State Council.
Technology that violates national laws and policies or harms the interests of the public must not be traded. Article 7 Technology transfer is protected by law, and its rights and interests are handled in accordance with Article 4 of the "Interim Provisions of the State Council on Technology Transfer".
Technology that has obtained patent rights shall be handled in accordance with the provisions of the Patent Law of the People's Republic of China. Article 8 The price of technical commodities shall be subject to market adjustment and shall be negotiated and agreed upon by both parties to the transaction. It can be calculated in one lump sum, it can be calculated based on a certain percentage of the new sales or profits after the implementation of the technology, or it can be calculated according to other methods agreed by both parties. Article 9: All parties to a technology transaction shall sign a written contract in accordance with the law. In addition to stipulating the content and scope of technology, relevant technical indicators, implementation plan, expected economic benefits, obligations of both parties, payment amount, method and period, liability for breach of contract, etc., the contract must also clarify the following contents:
(1) Whether each other is required to inform each other of the details of subsequent improvements to the technology;
(2) Whether the technology is allowed to be transferred to a third party;
(3) Transfer Technology acceptance standards and acceptance methods;
(4) Whether prepayment of entry fees is required.
Before signing the contract, the transferor should provide documents proving its ownership of the technology rights and technical capabilities; the transferee should provide documents proving the technical capabilities and funds to apply the technology. Article 10 Technology transaction contracts shall be subject to the principle of voluntary authentication or notarization. After signing a technology contract, all parties to a technology transaction should register with the local science and technology commission or its entrusted agency. Only after registration can you enjoy credit, tax exemption and other preferential treatment. Article 11 The transferor of technological goods shall provide the transferee with all technical data for the implementation of the technology as stipulated in the contract, and assume the obligations stipulated in the contract, so that the transferee can achieve the technical indicators stipulated in the contract within the predetermined time.
The transferor shall charge technology transfer fees and technical service fees to the transferee in accordance with the provisions of the contract. Article 12: The transferee of technological goods shall pay technology transfer fees and technical service fees to the transferor in accordance with the provisions of the contract, and conscientiously organize the realization of the targets of the transferred technology. However, if the technical indicators stipulated in the contract are not reached within the predetermined time due to the transferor's fault, the transferee has the right to require the transferor to compensate for economic losses in accordance with the contract. Article 13: Intermediaries in technology transactions must bear the obligation to provide information, evaluate technology, coordinate the signing of technology transaction contracts, urge the parties to perform the contract, and participate in the mediation of technology transaction disputes.
The intermediary shall be entitled to reasonable remuneration after the technology transaction is concluded. Article 14 Scientific and technological personnel may engage in amateur technical work and consulting services on the premise of completing their duties and not infringing upon the technical rights and economic interests of the unit, and the income shall be their own; those who use the unit's technological achievements and internal technical materials shall be subject to The unit agrees and turns over part of the income; if the unit's equipment is used, the user fee shall be paid in accordance with the agreement reached with the unit in advance.
Article 15: Tax concessions will be given to the income obtained from technology transactions and the development of new products. The specific measures shall be handled in accordance with the relevant regulations of the relevant national departments and provinces.
Income from individuals engaged in technology transactions, except for personal income tax as required, is all legal income. Article 16 Banks may use various credit forms (establishing technology market development funds, allocating technology transaction loan quotas on an annual basis, etc.) to participate in and support technology trading activities. Article 17 The establishment of a permanent operating technical commodity unit shall require a fixed location, funds and corresponding professional and technical personnel. After review and approval by the local science and technology committee, the unit shall apply for registration and obtain a business license at the local industrial and commercial administrative department. Article 18 Individuals who specialize in technical commodities must present certificates from their units, township (town) people's governments, or sub-district offices. After review and approval by the local science and technology committee, they must apply for registration at the local industrial and commercial administration department and obtain a business license.