Technologies that violate national laws, regulations and policies or endanger the interests of the state and society may not be traded.
Technical transactions involving national security or major economic interests that need to be kept confidential shall be handled in accordance with relevant state regulations. Article 7 The trading scope of the technology market includes technology development, technology transfer, technology consultation and technical services. Article 8 The transaction form of the technology market: through the establishment of a permanent technology development, technology transfer, technical consultation and technical service business organization (hereinafter referred to as the technology business organization); Hold technical fairs, bidding meetings and direct technical trading activities between buyers and sellers. Article 9 The functions of the competent department of technology market are:
(a) the implementation of laws, regulations and policies related to the technology market;
(2) Organizing, guiding and coordinating technology trading activities;
(3) Examining and approving technology business institutions;
(4) Identification and registration of technology contracts;
(five) responsible for technology market statistics. Tenth technology operating institutions shall implement the relevant laws, regulations and policies of the technology market; Operating in accordance with the business scope; Submit statistical reports on time; Accept the supervision and inspection of the competent department of technology market. Eleventh units and individuals to apply for technology business institutions (including intermediaries), should be approved by the competent department of technology market, approved by the administrative department for Industry and commerce registration, and obtain a business license. Chapter III Management of Technology Contracts Article 12 After signing a written technology contract according to law, the parties to a technology transaction shall register with the competent department of technology market where the technology transferor is located and file with the competent department of technology market where the technology transferee is located.
Patent transfer contract, patent application right transfer contract and patent licensing contract shall be handled in accordance with the Patent Law of People's Republic of China (PRC) and relevant regulations. Article 13 After a technology contract is confirmed and registered, all parties to the technology transaction can enjoy preferential treatment in terms of credit, tax and reward in accordance with relevant regulations. Fourteenth industrial and commercial administrative departments at all levels are responsible for the supervision and inspection of technology contracts. Article 15 Where a technology contract needs to be modified or dissolved, it shall be handled in accordance with the provisions of the People's Republic of China (PRC) Technology Contract Law. Article 16 Disputes arising from a technology contract may be settled by the parties through consultation or mediation. If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, they may apply to the arbitration institution of the administrative department for industry and commerce for arbitration according to the arbitration clause concluded in the technology contract or the arbitration agreement reached afterwards, or they may bring a lawsuit directly to the people's court. If the dispute involves the right of invention, discovery, technological achievement, patent application or patent infringement, the arbitration institution shall entrust the Science and Technology Committee at the same level or the patent administration organ to make a conclusion before handling it. Chapter IV Technology Transaction Fees and Use Article 17 The price, remuneration or use fee of technology transaction and the mode of payment shall be determined by the parties to the technology transaction through consultation. Eighteenth technology transaction fees paid by enterprises owned by the whole people and collective ownership, if one-time settlement, should be charged in the enterprise management fees. If the amount is large, it can be used as prepaid expenses and amortized into the cost by stages, generally not exceeding two years. If it is paid according to the new sales or profit commission, it will be paid before tax in the new profit after technology implementation.
Technology transaction fees paid by institutions owned by the whole people shall be charged in the balance of business expenses or extra-budgetary income, and if there is no balance of business expenses or extra-budgetary income, they shall be charged in the business expenses. Nineteenth after the implementation of the technology contract, the technology transferor may, in accordance with the relevant provisions, extract a certain percentage of the incentive fee from the net income of the project to reward the personnel directly engaged in the work, and this incentive fee shall not be included in the total bonus of the unit.
For projects with greater social benefits or providing technology to poor areas and township enterprises, the proportion of incentive fees may be appropriately increased. Article 20. The technology transferor shall withdraw the incentive fee from the bank in cash on the basis of the technology contract and settlement voucher recognized and registered by the competent department of technology market. Twenty-first professional and technical personnel use their spare time and their own material and technical conditions to engage in technology trading activities, and the income is kept by themselves.
Those who use their own equipment, places and internal technical materials to engage in technical transactions need the consent of their own units, and the income is distributed according to the agreement reached in advance.