(1) technology with valid patent right;
(2) Technology for which a patent is being applied;
(3) Proprietary technology. Article 4 It is forbidden to introduce technologies that meet the following conditions:
(a) endangering public order or violating social morality;
(2) Destroying the ecological balance or endangering the environment. Article 5 Technology import may take the following ways:
(1) License trade;
(2) Technical consultation or technical service;
(3) Using patented technology or proprietary technology as investment or cooperating with the recipient;
(4) Compensation trade or cooperative production;
(five) project contracting or other means. Article 6 If the imported technology meets one of the following conditions, the recipient may enjoy the special preferential treatment stipulated by the Xiamen Municipal People's Government, and may apply for low-interest loans or financial assistance from the Special Zone and the State Bank:
(1) It has been appraised by the national scientific research department and proved to have the advanced level in the world;
(two) can significantly improve the competitiveness of products in the international market;
(three) the transformation of existing enterprises, with significant economic benefits;
(four) the Xiamen Municipal People's Government considers it particularly necessary. Article 7 To import technology, the recipient shall submit a written application to the department authorized by Xiamen Municipal People's Government, and attach a letter of intent and a feasibility study report. After examination and approval, the recipient shall sign a written contract with the supplier and report it to the above-mentioned examination and approval authority for examination and approval. The examination and approval authority shall reply to the applicant within 40 days from the date of receiving the application.
The contract shall take effect from the date of approval. If it is not implemented within six months, the original examination and approval authority may terminate the contract. If the parties have justified reasons, they may apply for an extension before the deadline. Article 8 A technology import contract shall have the following contents in addition to the general terms of foreign-related economic contracts:
(1) definition of keywords;
(two) the content and scope of technology, as well as the list of technical data and delivery date;
(3) implementation progress, technical services and technical training;
(4) the use of trademarks;
(5) Technical guarantee and acceptance;
(six) the rights and obligations of both parties to use and improve the technology;
(7) confidentiality;
(eight) the calculation and payment method of technical remuneration;
(9) Liability for breach of contract. Article 9 A technology import clause containing the following contents is invalid:
(1) Payment of remuneration for expired or invalid patented technology;
(2) restricting the recipient from importing technology from other sources;
(three) the improvement or development in the process of restricting the use of technology;
(4) There are obviously unreasonable additional conditions. Article 10 When transferring effective patented technology, the supplier shall provide the recipient with a copy or photocopy of the patent specification and patent certificate. If there is a certificate of patent right transfer, it shall be provided at the same time.
When transferring the technology for which a patent is being applied, the supplier shall provide the recipient with the patent application documents such as the request, the invention specification and its abstract, the appended drawings and claims, and the application progress. If there is a certificate of transfer of the right to apply for a patent, it shall be provided at the same time.
When transferring the know-how, the supplier shall provide the recipient with relevant design drawings, process regulations and schematic diagrams, technical data, formulas, key equipment, models, samples, material lists and descriptions, instructions on operation methods, on-site working rules, technical demonstrations, on-site guidance, product quality control and testing methods, maintenance methods and equipment and relevant commercial information. Article 11 The supplier shall, within the time limit stipulated in the contract, train the necessary number of personnel designated by the recipient in technology, design, management and sales, so that the recipient can master all the technologies provided. Article 12 If the supplier transfers the same technology to others, the recipient has the right to request the supplier to submit a copy of the original technology transfer contract. Article 13 During the validity of the contract, if the patent right of the supplier expires, or the patent application is rejected, or the proprietary technology is found not to be owned by the supplier, the recipient has the right to propose changes or terminate the contract. If losses are caused, the supplier shall be liable for compensation. If a third party brings a lawsuit against the patent right, the supplier shall respond.
The supplier shall guarantee the completeness, correctness and reliability of the technical data. Due to the supplier's reasons, the imported technology can not meet the requirements stipulated in the contract, and the supplier shall bear the liability for breach of contract and compensate for the losses. Article 14 The recipient shall undertake the obligation to keep confidential the technical secrets in the imported technology in accordance with the contract; In case of breach of contract and disclosure, the supplier has the right to withdraw relevant information, terminate the contract and claim compensation for losses according to the contract.
Any person who knows the technical secret because of his position or business relationship shall not disclose or use the technology without authorization, and offenders shall be investigated for legal responsibility. Fifteenth relevant departments of Xiamen Municipal People's Government shall monitor and manage the implementation effect of technology introduction. In case of public hazards or failure to meet the expected technical and economic indicators, the Xiamen Municipal People's Government may be requested to stop its preferential treatment and make appropriate treatment.