Where there is an agreement on technical confidentiality in a technology import and export contract, such agreement shall prevail.
Intellectual property rights formed by absorption and innovation are protected by law. Article 5 The Municipal People's Government shall be responsible for organizing and coordinating the absorption of innovation, do a good job in macro-control, and limit low-level repeated introduction.
Shanghai Economic Commission hereinafter referred to as the Municipal Economic Commission is responsible for organizing the formulation and implementation of the city's absorption and innovation planning; Compile and publish the guiding catalogue of key projects for absorbing innovation in this Municipality (hereinafter referred to as the guiding catalogue) and the annual plan; Guide the implementation of annual planned projects and organize appraisal and acceptance.
The relevant departments of this Municipality and the district and county people's governments shall, according to their respective responsibilities, do a good job in absorbing and innovating. Article 6 An enterprise is the main body to absorb innovation, and has the right to independently introduce advanced and applicable technologies according to the needs of production and operation and market demand, and independently determine the contents and methods of absorbing innovation.
Large enterprises or enterprise groups may set up innovation absorption bases in accordance with the relevant provisions of the state to undertake major technical equipment or innovation absorption projects of the state and this municipality.
Employees shall abide by the technical confidentiality system established by the enterprise according to law. Article 7 This Municipality encourages enterprises, scientific research institutions and institutions of higher learning to jointly research, develop and absorb innovation, or jointly establish technology development institutions.
The parties involved in the absorption of innovative projects shall sign a contract to stipulate the ownership of relevant technical rights and interests and the rights and obligations of all parties. Article 8 An enterprise may, in accordance with the Guidance Catalogue and the prescribed conditions and procedures, apply for the inclusion of its absorption and innovation projects in the annual plan of the city for absorption and innovation.
After receiving the application, the Municipal Economic Commission shall organize experts to conduct evaluation according to the principles of fairness, justice and rationality, determine the annual plan of absorbing innovation in the first quarter of each year, and notify the applicant in writing. Ninth the city set up special funds for absorption and innovation, included in the municipal budget and gradually increased.
Absorbing special funds for innovation shall be used to absorb low-interest loans, discount loans and subsidies for technology development funds for innovative projects in accordance with these Provisions.
The absorption of special funds for innovation is managed by the enterprise technology innovation service center (hereinafter referred to as the innovation service center) entrusted by the Municipal Economic Commission.
District and county people's governments can set up corresponding special funds to support local innovation projects according to the needs of local economic development and innovation absorption. Article 10 Other special funds used by relevant municipal departments for technological progress shall be set at a ratio higher than 10%, to encourage absorption and innovation, and to focus on supporting the development, pilot test and industrialization of imported high-tech products. Eleventh units included in the city's annual plan to absorb innovation can apply for low-interest loans; Those who have obtained loans from financial institutions may apply for loan discount. Twelfth the following projects or technologies and products can be subsidized by technology development funds:
(1) It belongs to the national technological innovation project or the absorption innovation project supported by this Municipality;
(2) Technologies and products that are innovative, competitive in the market or have independent intellectual property rights on the basis of absorption;
(three) projects that are not included in the annual plan of the city to absorb innovation, but meet the requirements of the guidance catalogue, and have made a major breakthrough in technology and formed a certain commercial scale by the Municipal Economic Commission. Thirteenth technology development funds used by enterprises for absorption and innovation can be included in the cost according to the actual amount.
If the unit price of key equipment and testing instruments used to absorb innovation is below the specified amount, they can be included in the cost at one time or in several times.
Projects included in the annual plan of absorbing innovation in the city can be depreciated rapidly by the municipal finance and taxation department, and enjoy corresponding preferential treatment with reference to the provisions of the new product trial production plan or pilot product plan. Article 14. If the absorption innovation project belongs to the transformation of high-tech achievements, or the innovation achievements are transferred on the basis of absorption of high-tech achievements, it shall enjoy preferential treatment in accordance with the provisions of the state and this Municipality on the transformation of high-tech achievements. Fifteenth projects included in the annual plan of absorbing innovation in the city can apply to the Municipal Economic Commission for priority inclusion in the plan of technological transformation projects in the city, and get capital injection or loan interest subsidies. Article 16 Where an innovative technology or product that has been digested and absorbed applies for a patent at home and abroad, it may apply to the Municipal Science and Technology Administration Department, the Municipal Patent Administration Department and the Municipal Economic Commission for a partial subsidy for the patent application fee, patent maintenance fee and patent agency fee.
If an enterprise introduces foreign patented technology for technology development, which is the first application in China, it may apply to the Municipal Economic Commission for financial subsidies with valid certificates such as patent transfer or patent licensing contract.