People's Republic of China presidential order

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
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 adopted at the 12th session of the Standing Committee of the national people's Congress, the 16th meeting on August 29, 2015, promulgated and come into force from October 1, 2015. People's Republic of China President XI on August 29, 2015, Standing Committee of the national people's Congress on revising the People's Republic of China Law on promoting the transformation of scientific and technological achievements of the decision (August 29, 2015, adopted at the 12th session of the Standing Committee of the national people's Congress 16th session) the 12th session of the 16th meeting of the Standing Committee of national people's Congress decided to the People's Republic of China Law on promoting the transformation of scientific and technological achievements as follows: first, the article changes As "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.

"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.

"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:" 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. "Nine, and will sixth article to 12th article, modified for:" on following technology results into project, national through government procurement, and research development funding, and released industry technology Guide Directory, and model promotion, way be support: "(a) can significantly improve industry technology, and economic or can formed promote social economic health development of new industry of;" (ii) can significantly improve national security capacity and public security level of; "(three) can reasonable development and using resources, and save energy, and Reduce consumption and control pollution and protect the ecosystem, improve the ability to respond to climate change and disaster prevention and mitigation "(d) to improve people's livelihood and raising the level of public health" (v) 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.

"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.

"XI will be the Nineth shall be replaced by the 16th, an additional, 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.

"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.

"Under article 16, the tenth to 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, add one, 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.

"Section 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, add one, 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, add one, 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.

"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.

"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.

"24, 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.

"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, an article shall be added, as the 32nd:" national support for science and technology business 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.

"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. "Under article 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.

"Article 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, add one, 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, add one, 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.

"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. "Under 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.

"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.

"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. "39, and will 29th article, and 30th article merged, as 45th article, modified for:" technology results completed units not provides, and also not and personnel agreed Award and paid of way and amounts of, according to following standard on completed, and into positions technology results made important contribution of personnel give award and paid: "(a) will the items positions technology results transfer, and license to others implementation of, from the items technology results transfer net income or license net income in the extraction not below 50% of proportion;"

(Ii) using the items positions technology results pricing investment of, from the items technology results formed of shares or funded proportion in the extraction not below 50% of proportion; "(three) will the items positions technology results itself implementation or and others cooperation implementation of, should in implementation into success production Hou continuous 3-5 years, annual from implementation the items technology results of business profit in the extraction not below 5% of proportion.

"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.

"40, and increased a article, as 46th article:" using financial established of technology project of bear who not in accordance with this method provides submitted technology report, and meeting make technology results and related intellectual property information of, by organization implementation project of Government about sector, and management institutions ordered corrected; plot serious of, be informed criticism, ban its in must term within bear using financial established of technology project. "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.

"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. "Section 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.

"The implementation of this decision with effect from 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. People's Republic of China Law of promoting the transformation of scientific and technological achievements (May 15, 1996 meeting of the Standing Committee of the national people's Congress of the 19th through August 29, 2015, the 12th session of the 16th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China amended the decision on the method of promoting the transformation of scientific and technological achievements) contents chapter I General provisions chapter II Organization chapter III safeguard fourth technical rights and fifth chapter legal liability the sixth chapter supplementary articles chapter I General provisions article

Promoting the transformation of scientific and technological achievements into practical productive forces, regulating the activities of science and technology achievements transformation, accelerate scientific and technological progress, economic construction and social development, this law is enacted. Referred to in article II of this law of scientific and technological achievements, 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.

Article III of the technology transfer activities should be conducive to the implementation of innovation-driven development strategy, 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.

Fourth State of the technology transfer arrange fiscal funds, guide social investment, promote the diversification of technology achievements transformation Fund.

Fifth the State Council and local people's Governments at various levels should strengthen science and technology, financial, investment, tax, human resources, industry, finance, government procurement, civil-military integration policy coordination, and create favorable environment for scientific and technological achievements.

Local people's Governments at various levels according to the principles set out in this Act, combined with local conditions, can take more measures in favour of promoting the transformation of scientific and technological achievements. Sixth the State encourages 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.

The seventh State 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.

Eighth composite science and Technology Administration Department under the State Council, economic management and other responsibilities under the relevant administrative departments under the State Council, management, guidance, and coordination of science and technology achievements transformation.

Local people's Governments at all levels are responsible for managing, directing and coordinating the conversion of scientific and technological achievements within their respective administrative areas.

Chapter II Organization article Nineth State Council and local people's Governments at all levels should be the transformation of scientific and technological achievements into national economic and social development plan, organize and coordinate the implementation of the transformation of scientific and technological achievements.

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 using as project and acceptance of important content and according to. 11th 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, and provide science and technology achievements 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 financial fund 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.

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. 12th article on following technology results into project, national through government procurement, and research development funding, and released industry technology Guide Directory, and model promotion, way be support: (a) can significantly improve industry technology, and economic or can formed promote social economic health development of new industry of; (ii) can significantly improve national security capacity and public security level of; (three) can reasonable development and using resources, and save energy, and reduced consumption and control pollution, and protection ecological, and

Improving the ability to deal with climate change and disaster prevention and mitigation, and (iv) to improve people's livelihood and raising the level of public health, (v) 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.

13th State through policy measures to promote and encourage the use of advanced technologies, processes and equipment, continuous improvement, restrictions on the use or eliminate backward techniques, processes and equipment.

The 14th State to strengthen 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. 15th the focus of people's Governments at all levels to implement the technology transfer project, can be made by the transformation sector organizations through public tender.

Relevant departments shall determine when the winner provided the request for funding or other conditions.

16th article technology results holds who can used following way for technology results into: (a) itself investment implementation into; (ii) to others transfer the technology results; (three) license others using the technology results; (four) to the technology results as cooperation conditions, and others common implementation into; (five) to the technology results pricing investment, conversion shares or funded proportion; (six) other consultations determine of way.

17th the State encourages research and development, universities, 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. The 18th set up by the State research and development institutions, colleges and universities on the holding 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. 19th State to set up research and development institutes, colleges and universities have achieved positions of scientific and technological achievements, 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.

Completing scientific and technological achievements, or subjects the person responsible, shall not impede the duties of scientific and technological achievements transformation positions may not be scientific and technological achievements and the technical information and data as their own, violating the legitimate rights and interests of units.

20th research and development institutions, universities, and departments as well as financial, science and technology and other related administrative departments shall create an environment conducive to promoting the transformation of scientific and technological achievements of the performance appraisal system, transforming scientific and technological achievements as related units and personnel evaluation, one of the important content and basis for research funding, and science and technology achievements transformation performance highlight the relevant units and personnel to increase research funding.

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.

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.

22nd 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.

Article 23rd according to law the right to independent or foreign enterprises, institutions and other partners the joint implementation of the technology transfer.

Enterprises can compete fairly, independently or jointly with other units of government organization and implementation of scientific research and development and technology transfer projects.

24th on the use of funds to establish the 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.

25th State to 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.

26th 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. 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.
28th State supports companies with 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.

The 29th State to encourage agricultural research institutions, agricultural demonstration unit independently or in cooperation with other units of agricultural scientific and technological achievements.

30th countries nurturing and developing technology markets, 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.

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, known in the country for its services secrets and business secrets confidential obligations of the parties.

31st national support according to the industrial and regional development needs of public 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.

32nd State supports business incubators, 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.

Chapter III safeguards article 33rd 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.

The 34th State in accordance with the relevant tax laws and administrative regulations on the technology transfer activities of tax concessions.

35th State to encourage banking institutions in the Organization, management, financial products and service innovations, encourage intellectual property mortgage loans, equity loans and other loans, and provide financial support for technology transfer.

State policy-oriented financial institutions are encouraged to take measures to increase financial support for the transformation of scientific and technological achievements.

36th State encourages insurance companies to develop the technology transfer characteristics of insurance, provide insurance services for transforming scientific and technological achievements.

37th National perfect multi-level capital market, supporting enterprises through equity deals, according to issue shares and bonds direct financing for technology transfer projects for financing.

38th State to encourage VC investment in scientific and technological achievement transformation project.

Established by venture capital funds, should guide and support of venture capital investment in early-stage high-tech SMEs.

39th State encourages the establishment of science and technology achievements transformation Fund or venture capital, its sources of funding by the State, local governments, enterprises and institutions as well as other organizations and individuals to support high input, high risk, high yield conversion of scientific and technological achievements, and accelerating the industrialization of major scientific and technological achievements.

Scientific and technological achievements into the establishment and use of funds of funds and venture capital funds, in accordance with the relevant provisions of the State. Fourth technical interests 40th article of scientific and technological achievements to complete units of transforming scientific and technological achievements in cooperation with other units, it shall be prescribed by the contract relating to the scientific and technological achievements and interests of belonging.

Contract not for agreed of, according to following principles handle: (a) in cooperation into in the no new of inventions of, the technology results of interests, return the technology results completed units; (ii) in cooperation into in the produced new of inventions of, the new inventions of interests return cooperation parties total; (three) on cooperation into in the produced of technology results, parties are has implementation the items technology results of right, transfer the technology results should by cooperation parties agreed.

41st completing scientific and technological achievements transforming scientific and technological achievements in cooperation with other units, and reached an agreement, both parties shall keep confidential the technological know-how; breach of the agreement or violation of the rights of the person concerned parties keep confidential the technology requirements, disclosures, allow others to use this technique. 42nd technical secrets of enterprises and institutions shall establish a sound protection system, protection of the technological know-how.

Employees shall comply with the technical secrets protection system.

Enterprises and institutions and to participate in related persons for the transformation of scientific and technological achievements in Office or resignation, retired, keeping within a certain period after the technical secrets of Protocol related personnel shall not violate the agreement, disclosure of the know-how and technology transfer activities with the same original units.

Employees shall not transfer office technology without authorization or disguised.

43rd State to establish 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.

44th position 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. 45th article technology results completed units not provides, and also not and personnel agreed Award and paid of way and amounts of, according to following standard on completed, and into positions technology results made important contribution of personnel give award and paid: (a) will the items positions technology results transfer, and license to others implementation of, from the items technology results transfer net income or license net income in the extraction not below 50% of proportion; (ii) using the items positions technology results pricing investment of,

From the formation of the scientific and technological achievements share or proportion of extracted ratio of not less than 50% and (iii) 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%.

Provisions set up by the State research and development institutions, universities or scientific and technical personnel agreement 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.

46th fifth chapter legal liability established by the use of fiscal funds science and technology projects of the principal is not submitted in accordance with the provisions of this law, science 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. 47th in violation of the provisions of this law, in technology transfer activities of deception, deceit, obtaining awards and honorary titles, money fraud, illegal profits, by the relevant government departments in accordance with regulatory responsibilities shall be ordered to correct, cancel the awards and honorary titles, confiscate the illegal income, and impose a fine. Cause economic damage to others shall bear civil liability.

Constitute a crime, criminal responsibility shall be investigated according to law. 48th technology service providers and their employees in violation of the law, intentionally provided false assessments of the information, results or deception, such as parties, or collude with the party spoofing the other party, by the relevant government departments in accordance with regulatory responsibilities shall be ordered to correct, confiscate the illegal income, and impose a fine in serious cases, by the industry and commerce administration departments revoked business licenses.

Cause economic damage to others shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.

Of 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.

49th article 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.

50th in violation of the provisions of this law, to encroach on others through incitement to steal, cajole coercion means of scientific and technological achievements, that infringes others ' legal rights and interests, he shall bear civil liability, and may impose a fine constitutes a crime, criminal responsibility shall be investigated according to law.

51st article 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. The sixth chapter supplementary articles article 52nd this law shall enter into force on October 1, 1996.