People's Republic of China President, 32nd　

The Standing Committee of the national people's Congress to amend of People's Republic of China decision on the method of promoting the transformation of scientific and technological achievements have been People's Republic of China August 29, 2015 adopted at the 12th session of the Standing Committee of the national people's Congress, the 16th, promulgated and come into force from October 1, 2015.

People's Republic of China August 29, 2015 of 12th meeting of the Standing Committee of the national people's Congress, the 16th President, XI Jinping decided to People's Republic of China Law on promoting the transformation of scientific and technological achievements to the following modifications: First, the article is changed to: "scientific and technological achievements in this law, by means of scientific research and technology development of the practical value of the results.

Duties of scientific and technological achievements, and refers to the implementation of research and development institutions, universities and enterprises and other units of task, or is the use of the above unit material and technical conditions for the completion of scientific and technological achievements. "Transforming scientific and technological achievements in this law, refers to the scientific and technological achievements to improve the productivity level and the follow-up test, development, application and promotion until the formation of new technologies, new processes, new materials, new products, develop new industries and other activities.

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Second, the article is changed to: "technology transfer activities should be conducive to the implementation of innovation-driven development strategies, promoting combination of economy and science and technology, to improve the economic, social and environmental protection, rational use of resources, promote economic development, social development and national security. "Technology transfer activities should respect the laws of the market, played the main role, follow the principle of voluntariness, mutual benefit, fairness, honesty and credibility, and in accordance with laws and regulations, and contract rights, take a risk.

Legal protection of intellectual property rights in technology transfer activities. "Technology transfer activities should abide by laws and regulations, to protect national interests and must not harm the social and public interests and the legitimate rights and interests of others.

” Third, the addition of an article, as the fourth: "State of science and technology achievements transformation arrange fiscal funds, guide social investment, promote the diversification of technology achievements transformation Fund.

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Four, addition of an article, as the article fifth: "the State Council and local people's Governments at various levels shall strengthen scientific and technological, financial, investment, tax, human resources, industry, financial services, government procurement, civil-military integration, policy coordination, and create favorable environment for scientific and technological achievements. "The principle of local people's Governments at all levels in accordance with the provisions of this law, with local conditions, can take more measures in favour of promoting the transformation of scientific and technological achievements.

” Five, add one, as the sixth article: "the State shall encourage scientific and technological achievements first implemented in China. Chinese entity or individual to outside organizations, individuals or license its technology, shall comply with the relevant laws, administrative regulations and the relevant regulations of the State.

” Six, add one, as the seventh article: "country for reasons of national security, national interests and the need of significant public interest, law organizations use or allow other persons to commit the relevant scientific and technological achievements.

” Seven, the fourth to the eighth, the first paragraph is amended as: "integrated management of science and Technology Administration Department under the State Council, economic sector and other responsibilities under the relevant administrative departments under the State Council, management, guidance, and coordination of science and technology achievements transformation.

” Eight, and increased a article, as tenth article: "using financial established application class technology project and other related technology project, about administrative sector, and management institutions should improved and perfect research organization management way, in developed related technology planning, and plans and prepared project guide Shi should heard related industry, and enterprise of views; in organization implementation application class technology project Shi, should clear project bear who of technology results into obligations, strengthening intellectual property management, and will technology results into and intellectual property created, and Use as an important content and basis of approval and acceptance.

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Article nine, the sixth to 12th and amended as: "the following scientific and technological achievement transformation project, the State, through government procurement, research and development funding, publish the catalogue for the guidance of industrial technology, demonstration of support, including:

"(A) can significantly improve the technology, economic benefits or to develop new industries to promote socio-economic development;

"(B) can significantly improve the level of national security and public safety;

"(C) the rational development and utilization of resources, saving energy, reducing consumption and control pollution and protect the ecosystem, improve the ability to respond to climate change and disaster prevention and mitigation;

"(D) to improve the livelihood and raising the level of public health" (e) to promote the development of modern agriculture and the rural economy; "(Vi) to accelerate socio-economic development in minority regions, remote areas and poor areas.

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Ten, add one, as the 14th: "strengthening the standard-setting work, new technologies, new processes, new materials, new products according to the timely development of national standards, industry standards, participate actively in the development of international standards, promote advanced and applicable technologies and applications. "Countries to establish effective civil-military science and technology achievements transformation system, improve the coordination innovation system of science and technology for national defense mechanism. Research and production of military products it shall give priority to the use of advanced application of civil standards to promote military and civilian technology transfer, transformation.

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Plenary, the Nineth to 16th article, add a, as the sixth item: "(vi) other negotiated way."

12, the addition of an article, as the 17th: "the State encourages research and development institutions, colleges and universities to take transfer, license or pricing, investment, transfer of technology to companies or other organizations. "Set up by the State research and development institutions, colleges and universities should strengthen the management, organization and coordination of science and technology achievement transformation, promotion of scientific and technological achievements into team-building, and optimize the process of transforming scientific and technological achievements, through the work of the unit is responsible for the technology transfer agencies or Commission independent of the technology transfer technology transfer service agencies.

” 13, the addition of an article, as the 18th: "set up by the State research and development institutions, colleges and universities on their holdings of scientific and technological achievements, to decide what to assign, license or pricing, investment, but through pricing, of the agreement on technology exchange market trading, auctions, such as determining the price. Prices by agreement, shall be in the name of public scientific and technological achievements and proposed transaction price.

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14, and increased a article, as 20th article: "research development institutions, and University of competent sector and financial, and science and technology, related administrative sector should established conducive to promote technology results into of performance assessment evaluation system, will technology results into situation as on related units and the personnel evaluation, and research funds support of important content and according to one of, and on technology results into performance highlight of related units and the personnel increased research funds support. "Set up by the State research and development institutions, universities should establish the scientific and technological achievements transformation characteristics of professional titles assessment, job management and evaluation system, perfecting the incentive and restrictive mechanism of income distribution.

” XV and the addition of an article, as the 21st: "set up by the State research and development institutions, institutions shall submit to the competent technology transfer annual report description this unit to perform scientific and technological achievements made in quantity, transformation and distribution of income, the competent departments shall, in accordance with the provisions of the technology transfer annual report submitted to finance, science and technology and other related administrations.

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16, the tenth shall be replaced by article 22nd and amended as: "the enterprises for the introduction of new technologies, new processes, new materials and production of new products, can publish their own information or call for delegates of intermediary service organization of science and technology required for its scientific and technological achievements, or seek the technology transfer partners. "Local people's Governments at or above the county level science and Technology Administration Department and other relevant departments shall, in accordance with responsibilities for enterprises to obtain the necessary scientific and technological achievements to provide help and support.

” 17, the addition of an article, as the 24th article: "on the use of fiscal funds established with market prospects, industry targeted science and technology projects, the relevant government departments, regulatory agencies should play in the direction of research and development choices, the leading role in the implementation and results of the project to encourage enterprises, research and development institutions, universities, and other organizations to implement.

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Under article 18, the 12th to 25th and amended as: "the State shall encourage combining research and development institutions, universities and enterprises, the joint implementation of the technology transfer. "Research and development institutions, colleges and universities can participate in the relevant Government Department or an enterprise implementation of tendering and bidding activities for the transformation of scientific and technological achievements.

” 19, the addition of an article, as the 27th: "the State encourages research and development institutions, universities, scientific and technological personnel exchanges with enterprises and other organizations, according to technical developments in the field of professional features, industry needs to hire part-time scientific researchers in enterprises and other organizations engaged in teaching and research work, support for the personnel of this unit to businesses and other organizations involved in technology transfer activities.

” 20, the addition of an article, as the 28th: "State-supported enterprises and research and development institutions, universities, professional colleges and training institutions, students practice training base and graduate research institutions, joint training of professional and technical personnel and highly skilled personnel.

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Under article 21, the 13th to 29th, the deletion of the second paragraph. Under article 22, the 14th to 19th, the first paragraph is amended as: "set up by the State research and development institutions, universities, the duties of scientific and technological achievements made, completed and participant on the premise of not changing position of sci-tech achievements ' property rights, according to the agreement with the employer to proceed with the conversion of scientific and technological achievements, and enjoy the benefits provided in the agreement. On the technology transfer activities of the unit should be supported.

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Under article 23, the 15th to 26th and amended as: "the State encourages enterprises and research and development institutions, universities and other organizations to undertake joint research and development, technology transfer agencies or technical innovation alliances and other cooperative means, result of joint research and development, application and promotion, research and development of standards activities. "Both parties shall sign an agreement, agree cooperation organization and Division of tasks in accordance with law, investment, intellectual property rights, equity, risk-sharing and breach of contract and other matters.

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24, the merging of the 16th, 17th, as the 30th and amended as: "the national breeding and development technologies, encourage the founding of intermediary service organization of science and technology, trading and information platform for technology and provides as well as information retrieval, processing and analysis, appraisal, brokerage and other services. "The services of intermediary service organization of science and technology, should be guided by the principles of impartiality, objectivity, and shall not provide false information and proof, in its service is aware of State secrets and business secrets confidential obligations of the parties.

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25, by deleting article 18th.

Under article 26, the 19th to 31st and amended as: "the country needs to build the public support under the industrial and regional development research and development platform, for transforming scientific and technological achievements to provide technical integration, research and development of generic technologies, pilot and industrial experiment, scientific and technological achievements system and engineering development, technology dissemination and demonstration services.

” 27, the addition of an article, as the 32nd article: "the State supports science and technology enterprise incubator, University Science and Technology Park and other scientific and technological business incubation development, to provide early-stage SME incubation sites, coaching, development and management consulting services.

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28, by deleting article 20th. 29, the 21st to 33rd, is revised as follows: "scientific and technological achievements into financial resources, mainly used for scientific and technological achievements to guide funding, loan, grant funds and venture capital funds and others promoting the transformation of scientific and technological achievements.

” 30, the 22nd to 34th and amended as: "the State shall in accordance with the relevant tax laws and administrative regulations on the technology transfer activities of tax concessions.

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31, the 23rd to 35th and amended as: "the State encourages banking institutions in the Organization, management mechanisms, financial product and service innovation, encourage intellectual property mortgage loans, equity loans and other loans, and provide financial support for technology transfer. "National policy-oriented financial institutions are encouraged to take measures to increase financial support for the transformation of scientific and technological achievements.

” 32, the addition of an article, as the 36th article: "the State encourages insurers to develop scientific and technological achievements transformation characteristics of insurance, provide insurance services for transforming scientific and technological achievements.

” 33, the addition of an article, as the 37th article: "the State perfecting the multi-level capital market, supporting enterprises through equity deals, according to stock and bond direct financing for technology transfer projects for financing.

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34, the addition of an article, as the 38th article: "the State shall encourage venture investment of scientific and technological achievements transformation projects. "State establishment of venture capital funds, should guide and support of venture capital investment in early-stage high-tech SMEs.

” Article 35, the 25th to 11th and amended as: "the State shall establish and improve the reporting system and information system of scientific and technological achievements of science and technology, and publicize project implementation, as well as scientific and technological achievements of science and technology and related intellectual property information, provided science and technology achievement information queries, filters, and other public services. Disclosure of information shall not disclose State secrets and commercial secrets.

Not published information, competent authorities should inform the relevant science and technology projects.

"Using funds to set up technology projects, the principal shall, in accordance with the provisions of the timely submission of relevant scientific and technical reports, and collection technology and related intellectual property rights information technology information systems. "The State encourages the use of non-financial resources the principal submission of the project to establish a technology-related scientific and technical reports, scientific and technological achievements and intellectual property-related information submitted to the scientific and technological achievements information system, the people's Governments above the county level shall be responsible for relevant departments shall facilitate.

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Under article 36, the 27th to 41st, deletion of the second paragraph. 37, the addition of an article, as the 43rd: "set up by the State research and development institutions, and transforming scientific and technological achievements in colleges and universities all income earned by the unit, in the complete scientific and technological achievements, into position to make an important contribution to the staff after the reward and compensation, mainly for the development and transformation of scientific and technological research and other related work.

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38, the addition of an article, as the 44th article: "job after transforming scientific and technological achievements, done by scientific and technological achievements to complete, transformation, made important contribution to the scientific and technological achievements of staff reward and remuneration. "Scientific and technological achievements to complete unit can be assigned or staff reward and remuneration as specified in the form, amount and time frame. To develop rules, should fully heed the views of the scientific and technical personnel of the unit, and in the flats for public rules.

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39, the merging of the 29th, 30th, 45th and amended as: "scientific and technological achievements to complete units not provided, nor personnel agreed manner and amount of reward and remuneration, in accordance with the following standards of complete scientific and technological achievements, into position to make an important contribution to the staff reward and remuneration:

"(A) the duties of scientific and technological achievements transfer, license to others to commit from the scientific and technological achievements transfer net income net income or license to extract ratio of not less than 50%;

"(B) the duties of scientific and technological achievements, equivalent investment, from the formation of scientific and technological achievements share or proportion of extracted ratio of not less than 50%;

"(C) the duties of scientific and technological achievements of implementation on their own or in cooperation with others, should be implemented into 3-5 consecutive years after the successful operation, operating profit each year since the implementation of the scientific and technological achievements in the extraction ratio of not less than 5%.

"Set up by the State research and development institutions, colleges and universities provides or the appointment with personnel rewards and remuneration and level should meet the standards required from first to third in the preceding paragraph. "State-owned enterprises and institutions in accordance with the provisions of this law on complete scientific and technological achievements, into position to make an important contribution to the staff reward and remuneration expenses accounted for in the year of the total wages, but in those days the amount of salaries limitation, not included in the salary base of the unit.

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40, the addition of an article, as the 46th: "technology projects using fiscal funds to set up the principal is not submitted in accordance with the provisions of this law and technology reporting, collection of scientific and technological achievements and related intellectual property information, the Organization of government departments and regulatory bodies for implementation shall be ordered to correct serious cases, criticized prohibited within a certain time period established by the use of fiscal funds science and technology projects. "Set up by the State research and development institutions, colleges and universities is not submitted in accordance with the provisions of this law, annual report on technology transfer, by its competent authorities shall order rectification the circumstances are serious, be criticized.

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Under article 41, the 31st to 47th, and one of the "correction" is amended as "by the relevant government departments in accordance with regulatory responsibilities shall be ordered to correct." 42, and will 32nd article, and 36th article merged, as 48th article, modified for: "technology service institutions and practitioners violation this method provides, deliberately provides false of information, and experiment results or assessment views, cheat party, or and party party collusion cheat another party party of, by Government about sector in accordance with management duties ordered corrected, confiscated illegal proceeds, and sentenced fine; plot serious of, by business administration sector law revoked license.

Cause economic damage to others shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law. "Intermediary service organization of science and technology in China and its violation of the provisions of this law, disclosure of State secrets or business secrets of the parties, in accordance with the relevant laws and administrative regulations shall bear the corresponding legal responsibility.

” Under article 43, the 33rd to 49th, amended to read: "Science and Technology Administration Department and other relevant departments and their staff in the transformation of scientific achievements in abuse of power, negligence, malpractice, or the supervision authority directly responsible for the appointment and removal of managers and other persons directly responsible shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

” 44, and will 35th article to 51st article, modified for: "violation this method provides, workers without units allows, leaked this units of technology secret, or unauthorized transfer, and disguised transfer positions technology results of, participate in technology results into of about personnel violation and this units of agreement, in left, and retired, and retired Hou agreed of term within engaged in and original units same of technology results into activities, to this units caused economic loss of, law bear civil compensation responsibility; constitute crime of, law held criminal.

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This decision shall take effect on October 1, 2015. People's Republic of China Law on promoting the transformation of scientific and technological achievements in accordance with the present decision be revised and republished.