The arbitration organ for technical contracts in this Municipality is the administrative department for industry and commerce at all levels or a technical contract arbitration institution approved to be established.
The relevant administrative departments of science and technology, industry and commerce, finance, taxation, patent and finance at all levels in this Municipality shall cooperate in the management of technology contracts. Article 5 Enterprises, institutions, technical consulting and scientific and technological operating institutions that have entered into 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 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).
Technology contract and technology shareholding contract can be classified into the four types of contracts listed in the preceding paragraph separately or as a whole according to the specific content, but the non-technical part of the contract shall not be mixed with the technology contract. Article 7 When signing various technology contracts, it is necessary to use the unified standard format text of technology development contracts, technology transfer contracts, technology consulting contracts and technical service contracts jointly issued by the Municipal Science and Technology Commission and the Shanghai Administration for Industry and Commerce (hereinafter referred to as the Municipal Administration for Industry and Commerce) in accordance with the technology contract law and the relevant provisions of the state and this Municipality. Eighth Municipal Technology Market Management Office is responsible for the management of technology contracts:
(a) to be responsible for the qualification examination, business guidance, supervision and inspection of the technical contract registration point;
(two) responsible for the training and assessment of technical contract identification and registration personnel;
(three) to be responsible for the summary and analysis of the statistical data of technical contracts and submit them to the relevant competent departments of the state and this Municipality on time;
(four) other work related to the registration and management of technology contracts. Article 9 The identification and registration of technology contracts shall be carried out by the technology contract registration point dispatched by the Municipal Technology Market Management Office. The registration point of the patent technology contract is located in the Municipal Patent Administration Bureau.
The relevant departments authorized by the District/County Science and Technology Commission and the Municipal Science and Technology Commission may apply for the establishment of a technology contract registration point. After the qualification examination by the Municipal Technology Market Management Office and the approval of the Municipal Science and Technology Commission, it can accept the identification and registration of technology contracts in the local area or the system. Article 10 The establishment of a technology contract registration point shall meet the following conditions:
(1) Having a fixed place of registration;
(two) there are full-time technical contract appraisal and registration personnel. Eleventh technical contract registration point is responsible for:
(a) according to the "technology contract law" and the relevant provisions of the state and the city, review and identify the technology contract;
(2) Classifying, registering and filing the technology contracts confirmed by examination;
(three) summarize and analyze the statistical data of technology contracts and submit them to the Municipal Technology Market Management Office on a monthly basis;
(four) other relevant technical contract registration management work. Twelfth technology contract identification and registration personnel, must be unified training by the Municipal Technology Market Management Office, after passing the examination to obtain a certificate, can be engaged in the identification and registration of technology contracts.
Technology contract registration points and personnel shall not directly or indirectly engage in technology trade activities. Thirteenth technology contract identification and registration content:
(a) whether it is a technology contract;
(two) whether the terms of the contract comply with the "Technology Contract Law";
(3) Whether the parties to the contract are legal contract subjects. Article 14 Contracts signed for the following contents are not within the scope of technical contract registration:
(1) Survey, design, construction and installation of construction projects;
(2) Processing, production, maintenance, sales and business contracting of products and spare parts, installation and maintenance of equipment, transportation, storage and custody of goods, labor cooperation and construction project contracting;
(3) Non-technical services such as life service and commodity intermediary;
(four) all kinds of schools (classes) used for students' teaching and training and students' production practice;
(5) Scientific and technological projects planned by the state and local governments and undertaken by non-independent scientific and technological operation and technical consulting institutions. Article 16 After a technology contract is signed, the transferor of technology trade shall go through the registration formalities at the technology contract registration point of the place where it is located or its subordinate system with the certificate of technology operation and technical consultation or the certificate of the unit where it belongs. After the signing of the technical intermediary contract, according to the tripartite agreement of transfer, transferee and intermediary, the technical intermediary institution may also go through the registration formalities according to the above provisions.
When transferring non-post technical achievements, on-the-job personnel must, before going through the registration formalities, attach materials that can prove the ownership of the transferred technical achievements, or a certificate issued by the unit where the transferor works that does not infringe on the rights and interests of the unit.
Non-on-the-job personnel who transfer personal technological achievements must go through the registration formalities with their resident identity cards.
After the technical contract is confirmed and registered, the registration certificate will be issued by the technical contract registration point. Finance, taxation, finance and other departments can give tax incentives, extract allowances and incentive fees, and apply for science and technology credit according to relevant regulations with the registration certificate.
A technology contract that has not been recognized or registered shall not enjoy the tax preference, extraction allowance and incentive fee of the technology contract.