Chapter 1 General Provisions Article 1 In order to maintain the order of the technology market, protect the legitimate rights and interests of the parties, prosper and develop technology trade, and promote science and technology to serve economic construction and social development, according to the "People's Republic of China and the These regulations are formulated in accordance with the National Science and Technology Progress Law, the Technology Contract Law of the People's Republic of China, the Hebei Province Technology Market Management Regulations and relevant laws and regulations, taking into account the actual situation of this city. Article 2 Citizens, legal persons and other organizations shall abide by these regulations when engaging in technical trade activities within the administrative area of ??this city. Article 3 The technology market is an important part of the socialist commodity market, and its business scope includes technology development, technology transfer, technology consulting, technology services, technology intermediary and other technology trade activities. Article 4: Technology market management shall implement the principles of liberalization, invigoration, support and guidance, implement the principles of unified management and separation of management and operation, and accelerate the application and transfer of scientific and technological achievements. Article 5: All technologies that are beneficial to economic construction, social development and scientific and technological progress can enter the technology market, unless otherwise stipulated by the state.
Engaging in technical trade activities is not restricted by region, industry, affiliation, economic nature and professional scope. Article 6 The municipal and county (city, district) people's governments shall prepare a technology market development plan, improve the technology market operating mechanism, strengthen macro management and coordination; strengthen the construction of infrastructure such as permanent technology trade venues, gradually establish a technology market development fund, and promote Technical trade activities develop healthily. Chapter 2 Management Organization and Responsibilities Article 7 Shijiazhuang Municipal Science and Technology Commission is the administrative department in charge of this city’s technology market. County (city, district) science and technology committees are responsible for the management of technology markets within their jurisdiction. Its main responsibilities:
(1) Responsible for the implementation of technology market laws, regulations and development plans;
(2) Work with relevant departments to approve and manage technology trade institutions, and issue technology trade regulations Certificate;
(3) Examine and approve or organize and coordinate large-scale technology trade activities within the administrative region, and establish a technology information network;
(4) Identify and register technology contracts, and conduct technology market Statistics and analysis;
(5) Responsible for the technical review of technical product advertisements;
(6) Responsible for the training, assessment, commendation and rewards of technical market operations and management personnel;
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(7) Carry out legal consultation related to the technology market and mediate technology contract disputes and related disputes;
(8) Inspect and punish violations of technology market laws and regulations in accordance with the law;< /p>
(9) Other technical market management work.
The technology market management agencies of municipal and county (city, district) science and technology committees are responsible for the daily management of technology markets within their respective administrative regions. Article 8: Industry and commerce, taxation, finance, pricing, auditing, finance and other relevant departments at all levels shall supervise and manage the technology market in accordance with the law. Article 9: The competent departments of various industries and relevant social groups are responsible for the organization and coordination of technical trade activities in their own industries or systems. Chapter 3 Technology Trade Guidelines Article 10: Technology trade must abide by the principles of voluntary equality, fair competition, mutual benefit for compensation, good faith and consensus through consultation. Article 11 Parties to technology trade shall strengthen self-protection of the technology they own and assume responsibility for its legality. Article 12 The price, royalties or remuneration of a technology transaction project shall be negotiated by the parties based on factors such as research and development costs, economic and social benefits after application, permitted use scope, and technology market supply and demand conditions; it may also be determined after intangible assets evaluation , to be agreed upon by the parties. Article 13: Those engaged in technology trade shall sign a written technology contract. Article 14 Technical trade must use special invoices for technical trade produced under the supervision of the tax department. Article 15 Advertisements for technical products must be issued with a technical review certificate from the administrative department of science and technology. Article 16 To hold a technology trade fair at the city or county (city, district) level, the organizer must apply to the local technology market authority 30 days in advance, and it can only be held after approval.
Organize national, provincial or cross-provincial, municipal (regional) large-scale technology fairs and handle them in accordance with relevant national regulations.
Article 17 In technology trade activities, the following behaviors are prohibited:
(1) Stealing or misappropriating the technological achievements of others;
(2) Knowing or should have known that the other party illegally possesses others technology;
(3) Counterfeiting patented technology;
(4) Making false advertising;
(5) Using deception, Engage in technology trade through coercion and other means;
(6) Collusion in bidding and tendering;
(7) Other behaviors prohibited by laws and regulations. Chapter 4 Technology Trade Organizations Article 18 The term technology trade organizations referred to in these Regulations refers to technology trade organizations that engage in technology development, technology transfer, technology consultation, technology services and technology intermediary activities for the purpose of promoting the commercialization of technological achievements.
Establish technology trade institutions that are specialized or mainly engaged in technology trade activities and implement a licensing system. Article 19 Units or individuals engaged in technology intermediary activities shall bear the following main obligations:
(1) Truly reflect the contract performance capabilities, technical achievements and credit status of buyers and sellers of technology commodities;
(2) Be honest and trustworthy, and keep the technical and business secrets of both parties Transfer the seller's technology in name.