Article 1 is to regulate technology trading behavior, prosper the technology market, protect the legitimate rights and interests of technology traders, promote the transformation of scientific and technological achievements, and promote technological progress and economic development, in accordance with relevant national laws and regulations, combined with the Sichuan Province Actually, this regulation is enacted. Article 2 These Regulations shall apply to natural persons, legal persons and other organizations engaged in technology transactions and service activities within the administrative region of Sichuan Province. Article 3 The term “technology transactions” as mentioned in these Regulations includes activities such as technology development, technology transfer, patent licensing, technical consulting, technical services, technology equity participation, and technology contracting.
Technology trading services as mentioned in these regulations include the provision of technology trading information, venues, websites, technology brokerage, technology evaluation, technology bidding, technology auctions, technology transaction consulting, technology property rights transfer intermediaries, and technology property rights use licenses. intermediary and other activities. Article 4: Encourage the establishment of technology trading intermediary service agencies and industry self-regulatory organizations to support technology trading and promote the healthy development of the technology market. Article 5 The science and technology administrative departments of the people's governments at or above the county level are responsible for the supervision, coordination and service of technology markets within their respective administrative regions.
Relevant departments such as industrial and commercial administration, finance, taxation, intellectual property, and quality supervision shall do a good job in technology market management within the scope of their respective responsibilities. Article 6 Technology traded in the market should be conducive to the development of new products, new processes, and new equipment; conducive to the transformation of traditional industries, energy conservation, consumption reduction, and improvement of labor productivity and product quality; conducive to the comprehensive utilization of resources, environmental protection, and improvement of labor conditions , improve economic and social benefits. Article 7 Technology trading activities shall follow the principles of legality, voluntariness, equality, and good faith. The party providing the technology is responsible for the legality and authenticity of the technology provided and its property rights; the party receiving the technology performs its obligations in accordance with the contract; the intermediary party guarantees the authenticity and legality of the source of the information provided. Article 8 If market transaction technology involves national security, state secrets or major national interests that need to be kept confidential, relevant national regulations shall be followed. Article 9 The following behaviors are prohibited in technology trading activities:
(1) Infringement of other people’s intellectual property rights and technical rights and interests;
(2) Providing false technical information, test results and evaluation reports ;
(3) Collusion in bidding and bidding;
(4) Signing technology contracts by means of fraud, coercion, etc.;
(5) Damaging national interests, Public interests;
(6) Other behaviors prohibited by laws and regulations. Article 10 The technology price and technology transaction service fee shall be determined through negotiation between the parties. Article 11 The parties to a technology transaction shall conclude a technology contract in accordance with the law. Article 12 The recognition and registration of technology contracts shall be based on the principle of voluntariness and a one-time registration system shall be implemented.
To apply for technology contract recognition and registration, the parties shall submit the original contract to the technology contract recognition and registration agency. The technology contract recognition and registration agency shall conduct an examination in accordance with relevant regulations, and within 15 days from the date of receipt of the application, it shall recognize and register those that meet the recognition and registration conditions and issue a recognition and registration certificate; those that do not meet the recognition and registration conditions shall not be recognized and registered and shall provide a written explanation reason. If the party concerned has objections to the disapproval of registration, he or she may apply to the science and technology administrative department for review, and the science and technology administrative department shall make a review decision in a timely manner. If you are dissatisfied with the review decision, you may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
The identification and registration of technology contracts shall be undertaken by industry organizations or technology intermediaries.
The technology contract recognition and registration agency shall keep technical secrets and business secrets for the registrant.
Technical contract certification and registration shall be charged according to the charging standards approved by the price department.
Measures for the accreditation and registration of technology contracts and the management measures for accreditation and registration agencies shall be formulated by the Provincial People's Government. Article 13 Technology transactions applying for national tax incentives shall be subject to technology contract certification and registration. Article 14 The establishment of a technology trading intermediary service agency shall be registered in accordance with the law and reported to the science and technology administrative department of the local people's government for record. Article 15 Technical brokers shall have corresponding professional qualifications in accordance with relevant national regulations and abide by relevant national regulations on the management of brokerage activities.
In brokerage activities, technology brokers shall truthfully and timely provide contracting opportunities and transaction status to the parties, truly reflect the contract performance capabilities and intellectual property rights of the parties, and maintain confidentiality for the parties as agreed. Trade secrets, coordinating the performance of technology contracts. Article 16 Contracts concluded for the introduction of technology from abroad shall enjoy tax incentives in accordance with relevant national regulations.
Article 17: Units and individuals that have made outstanding achievements in the implementation of technology trading projects, promoting the commercialization and capitalization of technological achievements, and technology market supervision and services shall be commended and rewarded by the people's governments at all levels or relevant departments. Article 18 Anyone who violates the provisions of Articles 8 and 9 of these Regulations shall be dealt with by the relevant departments in accordance with the law. Article 19 If a technology trading intermediary service agency violates the provisions of Article 14 of these Regulations, it shall be dealt with by the administrative agency in charge of registration in accordance with the law. Article 20 Anyone who engages in fraud or other illegal activities in technology transactions or technology transaction service activities shall be investigated and dealt with by the industrial and commercial administrative departments and public security organs in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 21 If a state functionary engages in malpractice for personal gain, accepts bribes, neglects his duties, or abuses his power in the supervision, management, and service of the technology market, he shall be subject to administrative sanctions by the relevant departments; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.