(adopted at the 19th meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, it was amended in accordance with the decision on Amending the law of the people's Republic of China on promoting the transformation of scientific and technological achievements of the 16th session of the Standing Committee of the 12th National People's Congress on August 29, 2015)

catalog

Chapter I General

Chapter II Organization and Implementation

Chapter III guarantee measures

Chapter IV technical rights and interests

Chapter V Legal Liability

Chapter VI supplementary provisions

Chapter I General

Article 1 this law is formulated in order to promote the transformation of scientific and technological achievements into practical productivity, regulate the activities of scientific and technological achievements transformation, accelerate the progress of science and technology, and promote economic construction and social development.

Article 2 the term "scientific and technological achievements" as used in this Law refers to the results of practical value produced through scientific research and technological development. The post scientific and technological achievements refer to the scientific and technological achievements that are carried out by research and development institutions, institutions of higher learning and enterprises, or mainly by using the material and technical conditions of the above-mentioned units.

The term "transformation of scientific and technological achievements" as mentioned in this Law refers to the following tests, development, application, promotion, and other activities carried out on scientific and technological achievements to improve the level of productivity until new technologies, new processes, new materials and new products are formed and new industries are developed.

Article 3 the transformation of scientific and technological achievements shall be conducive to accelerating the implementation of innovation driven development strategies, promoting the combination of science and technology with economy, improving economic benefits, social benefits, protecting the environment, reasonably utilizing resources, and promoting economic construction, social development and safeguarding national security.

The transformation of scientific and technological achievements should respect the market law, give full play to the main role of the enterprise, abide by the principles of voluntariness, mutual benefit, fairness and honesty and credit, and enjoy rights and interests and bear risks in accordance with the provisions of laws and regulations and the contract. The intellectual property rights in the transformation of scientific and technological achievements are protected by law.

The transformation of scientific and technological achievements shall abide by laws and regulations, safeguard the interests of the state, and shall not harm the public interests of the society and the legitimate rights and interests of others.

Article 4 the State shall reasonably arrange financial investment in the transformation of scientific and technological achievements, guide social capital investment and promote the diversification of investment in scientific and technological achievements transformation funds.

Article 5 the State Council and the local people's governments at all levels shall strengthen policy coordination in science and technology, finance, investment, taxation, talents, industry, finance, government procurement, military civilian integration, and create a good environment for the transformation of scientific and technological achievements.

Local people's governments at all levels, in accordance with the principles stipulated in this Law and in combination with local realities, can take measures that are more conducive to the transformation of scientific and technological achievements.

Article 6 the State encourages the implementation of scientific and technological achievements in China first. If a Chinese unit or individual transfers or permits the implementation of scientific and technological achievements to an organization or individual outside the country, it shall abide by relevant laws, administrative regulations and relevant state regulations.

Article 7 the state may, for the sake of national security, the interests of the state and the needs of major public interests, organize or permit others to implement relevant scientific and technological achievements in accordance with law.

Article 8 the administrative department of science and technology under the State Council, the Department of comprehensive economic administration and other relevant administrative departments shall, in accordance with the functions and responsibilities prescribed by the State Council, manage, guide and coordinate the transformation of scientific and technological achievements.

Local people's governments at all levels shall be responsible for the management, guidance and coordination of the transformation of scientific and technological achievements in their respective administrative regions.

Chapter II Organization and Implementation

Article 9 the State Council and the local people's governments at various levels shall incorporate the transformation of scientific and technological achievements into the national economic and social development plans, and shall organize and coordinate the implementation of the transformation of relevant scientific and technological achievements.

Article 10 in establishing applied science and technology projects and other related scientific and technological projects with financial funds, relevant administrative departments and administrative institutions shall improve and improve the management mode of scientific research organizations, and shall listen to the opinions of relevant industries and enterprises when formulating relevant science and technology plans, plans and project guidelines; When organizing and implementing applied science and technology projects, the project undertaker's obligation of transforming scientific and technological achievements shall be clarified, intellectual property management shall be strengthened, and the transformation of scientific and technological achievements and creation and application of intellectual property rights shall be taken as the important content and basis for project initiation and acceptance.

Article 11 The State shall establish and improve the system of scientific and technological report and information system of scientific and technological achievements, publicize the implementation of scientific and technological projects, scientific and technological achievements and relevant intellectual property information to the society, and provide public welfare services such as information inquiry and screening of scientific and technological achievements. The state secrets and trade secrets shall not be disclosed by the publication of relevant information. For the information not to be published, the relevant departments shall inform the relevant science and technology project bearers in time.

The undertakers of scientific and technological projects established with financial funds shall submit relevant scientific and technological reports in time in accordance with regulations, and remit scientific and technological achievements and relevant intellectual property information to the scientific and technological achievements information system.

The State encourages the undertakers of scientific and technological projects established with non-financial funds to submit relevant scientific and technological reports and remit scientific and technological achievements and relevant intellectual property information to the scientific and technological achievements information system. The departments in charge of relevant work of the people's governments at or above the county level shall provide convenience for them.

Article 12 the State shall support the following transformation projects of scientific and technological achievements by means of government procurement, research and development funding, release of industrial technology guidance catalogue, demonstration and promotion, etc

（1） It can significantly improve the technical level and economic benefits of the industry or form a new industry that can promote the healthy development of social economy;

（2） Can significantly improve the national security capacity and the level of public security;

（3） Those who can reasonably develop and utilize resources, save energy, reduce consumption, prevent and control environmental pollution, protect ecology, and improve the ability to cope with climate change and disaster prevention and mitigation;

（4） Can improve people's livelihood and improve the level of public health;

（5） Can promote the development of modern agriculture or rural economy;

（6） It can accelerate the social and economic development of ethnic minority areas, remote areas and poverty-stricken areas.

Article 13 the state, through formulating policies and measures, advocates and encourages the adoption of advanced technologies, processes and equipment, and constantly improves, restricts or eliminates backward technologies, processes and equipment.

Article 14 The State shall strengthen the formulation of standards, timely formulate national and industrial standards for new technologies, new processes, new materials and new products in accordance with the law, actively participate in the formulation of international standards, and promote the popularization and application of advanced and applicable technologies.

The State shall establish an effective system for mutual transformation of military and civilian scientific and technological achievements, and improve the system and mechanism for collaborative innovation of national defense science and technology. The scientific research and production of military products shall give priority to the use of advanced and applicable civil standards according to law, and promote the mutual transfer and transformation of military and civil technologies.

Article 15 the key projects of transformation of scientific and technological achievements organized and implemented by the people's governments at all levels may be transformed by public bidding organized by the relevant departments. The departments concerned shall provide the bid winner with financial aid or other conditions determined at the time of bidding.

Article 16 holders of scientific and technological achievements may transform scientific and technological achievements in the following ways:

（1） Self investment and transformation;

（2） Transfer the scientific and technological achievements to others;

（3） Permit others to use the scientific and technological achievements;

（4） Take the scientific and technological achievements as the conditions of cooperation and implement transformation with others;

（5） To invest at the price of the scientific and technological achievements, convert the shares or the proportion of capital contribution;

（6） Other ways determined by negotiation.

Article 17 The State encourages research and development institutions and institutions of higher learning to transfer scientific and technological achievements to enterprises or other organizations by means of transfer, licensing or investment at a fixed price.

Research and development institutions established by the state and institutions of higher learning shall strengthen the management, organization and coordination of the transformation of scientific and technological achievements, promote the construction of the transformation team of scientific and technological achievements, optimize the transformation process of scientific and technological achievements, and carry out technology transfer through their own institutions in charge of technology transfer or entrusted independent service institutions for the transformation of scientific and technological achievements.

Article 18 research and development institutions established by the state and institutions of higher learning may independently decide on the transfer, license or investment of scientific and technological achievements they hold, but the price shall be determined by means of pricing by agreement, listing on the technology trading market, auction, etc. If the price is fixed by agreement, the name of the scientific and technological achievements and the proposed transaction price shall be publicized in the unit.

Article 19 with respect to the scientific and technological achievements made by research and development institutions established by the state and institutions of higher learning, the persons who complete the achievements and the participants may, on the premise of not changing the ownership of the achievements, transform the achievements in accordance with the agreement with their respective units and enjoy the rights and interests stipulated in the agreement. The unit shall support the above-mentioned transformation of scientific and technological achievements.

The person who has completed the scientific and technological achievements or the person in charge of the project shall not obstruct the transformation of the scientific and technological achievements made by his post, or take the scientific and technological achievements and their technical materials and data as his own, thus infringing upon the legitimate rights and interests of the unit.

Article 20 research and development institutions, the competent departments of institutions of higher learning, and the financial, science and technology and other relevant administrative departments shall establish a performance appraisal system conducive to promoting the transformation of scientific and technological achievements, and take the transformation of scientific and technological achievements as one of the important contents and basis for the evaluation of relevant units and personnel and the support of scientific research funds, And to increase the scientific research funding support for the relevant units and personnel with outstanding achievements in the transformation of scientific and technological achievements.

Research and development institutions established by the state and institutions of higher learning shall establish professional title evaluation, post management and assessment systems that conform to the characteristics of the transformation of scientific and technological achievements, and improve the incentive and restraint mechanism of income distribution.

Article 21 research and development institutions established by the state and institutions of higher learning shall submit annual reports on the transformation of scientific and technological achievements to their competent departments, stating the number of scientific and technological achievements obtained according to law, the implementation of the transformation and the distribution of relevant income. The competent departments shall submit annual reports on the transformation of scientific and technological achievements to the financial and administrative departments in accordance with regulations Science and technology and other relevant administrative departments.

Article 22 in order to adopt new technologies, new processes, new materials and produce new products, an enterprise may issue information on its own, or entrust a science and technology intermediary service agency to collect the scientific and technological achievements it needs, or solicit partners in the transformation of scientific and technological achievements.

The administrative departments of science and technology and other relevant departments of the local people's governments at or above the county level shall, in accordance with the division of responsibilities, provide assistance and support for enterprises to obtain the scientific and technological achievements they need.

Article 23 An enterprise shall, according to law, have the right to transform scientific and technological achievements independently or jointly with enterprises, institutions and other cooperators at home and abroad.

An enterprise may, through fair competition, undertake independently or jointly with other units scientific and technological research and development and transformation projects of scientific and technological achievements organized and implemented by the government.

Article 24 with regard to scientific and technological projects established with financial funds, which have market application prospects and clear industrial objectives, the relevant government departments and administrative agencies shall give full play to the leading role of enterprises in the selection of research and development direction, project implementation and achievement application, and encourage enterprises, research and development institutions, institutions of higher learning and other organizations to jointly implement them.

Article 25 the State encourages research and development institutions, institutions of higher learning and enterprises to jointly implement the transformation of scientific and technological achievements.

Research and development institutions and institutions of higher learning may participate in the bidding activities for the transformation of scientific and technological achievements by relevant government departments or enterprises.

Article 26 The State encourages enterprises, research and development institutions, institutions of higher learning and other organizations to jointly establish research and development platforms, technology transfer institutions or technological innovation alliances to carry out research and development, application and promotion of achievements, research and formulation of standards and other activities.

All parties to the cooperation shall sign an agreement to stipulate in accordance with the law the organizational form, division of tasks, capital investment, ownership of intellectual property rights, distribution of rights and interests, risk sharing, liability for breach of contract, etc.

Article 27 The State encourages research and development institutions, institutions of higher learning and enterprises and other organizations to carry out exchanges of scientific and technological personnel. According to the professional characteristics and the needs of Technological Development in the industry, scientific and technological personnel of enterprises and other organizations shall be employed to engage in teaching and scientific research on a part-time basis, and their scientific and technological personnel shall be supported to engage in the transformation of scientific and technological achievements in enterprises and other organizations.

Article 28 the State supports enterprises to jointly establish student practice training bases and graduate research and practice institutions with research and development institutions, institutions of higher learning, vocational colleges and training institutions, and jointly train professional and technical personnel and high skilled personnel.

Article 29 The State encourages agricultural scientific research institutions and agricultural experimental demonstration units to implement the transformation of agricultural scientific and technological achievements independently or in cooperation with other units.

Article 30 the State shall cultivate and develop technology markets, encourage the establishment of science and technology intermediary service institutions, and provide trading places, information platforms, information retrieval, processing and analysis, evaluation and brokerage services for technology transactions.

The service provided by the intermediary service institutions of science and technology shall follow the principles of fairness and objectivity, shall not provide false information and certificates, and shall have the duty of confidentiality to the state secrets and the trade secrets of the parties they know in the course of service.

Article 31 the State supports the construction of public research and development platforms in accordance with the needs of industry and regional development, and provides services for the transformation of scientific and technological achievements, such as technology integration, common technology research and development, intermediate and industrial tests, systematic and engineering development of scientific and technological achievements, technology promotion and demonstration.

Article 32 The State supports the development of science and technology enterprise incubators, University Science and technology parks and other scientific and technological enterprise incubation institutions, and provides incubation sites, entrepreneurship guidance, research and development and management consulting services for small and medium-sized scientific and technological enterprises in the initial stage.

Chapter III guarantee measures

Article 33 the financial funds for the transformation of scientific and technological achievements shall be mainly used for the guiding funds, loan discount, subsidy funds and venture capital for the transformation of scientific and technological achievements, as well as other funds for promoting the transformation of scientific and technological achievements.

Article 34 The State shall, in accordance with the relevant tax laws and administrative regulations, give preferential tax benefits to the transformation of scientific and technological achievements.

Article 35 The State encourages banking financial institutions to innovate in organizational form, management mechanism, financial products and services, and encourages the development of loan businesses such as intellectual property pledge loans and equity pledge loans, and provides financial support for the transformation of scientific and technological achievements.

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

Article 36 The State encourages insurance institutions to develop insurance varieties that conform to the characteristics of scientific and technological achievements transformation and provide insurance services for the transformation of scientific and technological achievements.

Article 37 The State shall improve the multi-level capital market and support enterprises to finance the projects of scientific and technological achievements transformation through equity trading, issuance of shares and bonds according to law and other direct financing methods.

Article 38 The State encourages venture capital institutions to invest in projects for the transformation of scientific and technological achievements.

The state established venture capital guiding fund shall guide and support venture capital institutions to invest in small and medium-sized scientific and technological enterprises in the initial stage.

Article 39 The State encourages the establishment of a fund for the transformation of scientific and technological achievements or a risk fund, whose source of funds shall be provided by the state, local, enterprises, institutions and other organizations or individuals, for supporting the transformation of scientific and technological achievements with high investment, high risk and high yield, and accelerating the industrialization of major scientific and technological achievements.

The establishment and use of funds for the transformation of scientific and technological achievements and risk funds shall be implemented in accordance with the relevant provisions of the state.

Chapter IV technical rights and interests

Article 40 Where a unit that completes the scientific and technological achievements cooperates with other units to transform scientific and technological achievements, it shall stipulate in accordance with the contract the ownership of the relevant rights and interests of the scientific and technological achievements. If the contract does not stipulate, it shall be handled in accordance with the following principles:

（1） If there is no new invention or creation in the cooperative transformation, the rights and interests of the scientific and technological achievements shall be the units that have completed the scientific and technological achievements;

（2） Where a new invention is created in the process of cooperative transformation, the rights and interests of the new invention and creation shall be shared by all parties to the cooperation;

（3） All parties have the right to implement the scientific and technological achievements arising from the cooperation transformation, and the transfer of the scientific and technological achievements shall be agreed by the parties to the cooperation.

Article 41 If a unit that completes scientific and technological achievements cooperates with other units to transform scientific and technological achievements, the parties to the cooperation shall reach an agreement on the conservation of technical secrets; The parties shall not disclose or allow others to use the technology in violation of the agreement or the requirements of the obligee concerning the preservation of technical secrets.

Article 42 enterprises and institutions shall establish and improve the system of technical secret protection and protect the technical secrets of their own units. The staff and workers shall abide by the technical secret protection system of their own units.

An enterprise or institution may sign an agreement with the relevant personnel involved in the transformation of scientific and technological achievements to keep its technical secrets during the period of service or after leaving, leaving or retiring for a certain period of time; The relevant personnel shall not disclose the technical secrets of their units and engage in the same transformation activities of scientific and technological achievements as the original units in violation of the agreement.

Employees shall not transfer or transfer the scientific and technological achievements of their posts without authorization or in disguise.

Article 43 all the income from the transformation of scientific and technological achievements established by the state and institutions of higher learning shall be retained in their own units. After giving rewards and rewards to the personnel who have made important contributions to the achievement and transformation of scientific and technological achievements, they shall be mainly used in scientific and technological research and development and achievements transformation and other related work.

Article 44 after the transformation of the post scientific and technological achievements, the personnel who have made important contributions to the completion and transformation of the achievements shall be rewarded and remunerated by the units that have made important contributions to the completion and transformation of the achievements.

The units that have completed scientific and technological achievements may stipulate or agree with the scientific and technological personnel on the way, amount and time limit for rewards and rewards. When formulating relevant regulations, the unit shall fully listen to the opinions of its scientific and technological personnel and make relevant provisions public in the unit.

Article 45 If the units that have completed scientific and technological achievements fail to stipulate or agree with the scientific and technological personnel on the way and amount of rewards, they shall be rewarded and remunerated to the personnel who have made important contributions to the completion and transformation of the scientific and technological achievements in accordance with the following standards:

（1） Where the transfer or license of the scientific and technological achievement of the post is granted to another person for implementation, a proportion of not less than 50% of the net income from the transfer of the scientific and technological achievements or the net income from the license shall be drawn;

（2） Where the investment is made by using the scientific and technological achievements of the post, the proportion of not less than 50% of the shares or the proportion of capital contribution formed by the scientific and technological achievements shall be drawn;

（3） If the scientific and technological achievements of the post are implemented by themselves or in cooperation with others, the proportion of not less than 5% of the operating profit from the implementation of the scientific and technological achievements shall be drawn from the operating profit of the achievements for three to five consecutive years after the successful implementation of the transformation.

The methods and amounts of awards and rewards prescribed by the state established research and development institutions and institutions of higher learning or in agreement with scientific and technological personnel shall meet the standards prescribed in paragraphs 1 to 3 of the preceding paragraph.

The expenses for rewards and rewards given to the personnel who have made important contributions to the completion and transformation of the scientific and technological achievements of their posts in accordance with the provisions of this Law shall be included in the total wages of their own units in the current year, but shall not be restricted by the total wages of the unit in the current year and shall not be included in the base of the total wages of their own units.

Chapter V Legal Liability

Article 46 If the person who undertakes a scientific and technological project established by using financial funds fails to submit scientific and technological reports, remit scientific and technological achievements and relevant intellectual property information in accordance with the provisions of this law, the relevant government departments and administrative institutions that organize the implementation of the project shall order them to make corrections; If the circumstances are serious, they shall be criticized in a circular and shall be prohibited from undertaking scientific and technological projects established by using financial funds within a certain period of time.

If the state established research and development institutions and institutions of higher learning fail to submit annual reports on the transformation of scientific and technological achievements in accordance with the provisions of this law, the competent departments shall order them to make corrections; If the circumstances are serious, they shall be criticized in a circular.

Article 47 Whoever, in violation of the provisions of this law, fraudulently engages in fraud in the transformation of scientific and technological achievements and adopts deceptive means to defraud the title of reward and honor, swindles money and gains illegally shall be ordered to correct by the relevant departments of the government in accordance with its administrative responsibilities, the award and honorary title shall be cancelled, the illegal gains are not collected and a fine shall also be imposed. If economic losses are caused to others, they shall bear civil compensation liability according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 48 If a scientific and technological service institution and its practitioners, in violation of the provisions of this law, deliberately provide false information, experimental results or evaluation opinions, etc., or collude with one of the parties to deceive the other party, the relevant departments of the government shall correct the case in accordance with the administrative duty and responsibility order, confiscate the illegal gains and impose a fine; If the circumstances are serious, the administrative department for Industry and Commerce shall revoke its business license in accordance with law. If economic losses are caused to others, they shall bear civil compensation liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

If the science and technology intermediary service institution and its employees disclose state secrets or the trade secrets of the parties in violation of the provisions of this law, they shall bear corresponding legal responsibilities in accordance with the provisions of relevant laws and administrative regulations.

Article 49 Where the administrative department of science and technology and other relevant departments and their staff abuse their power, neglect their duties, engage in malpractices for personal gain in the transformation of scientific and technological achievements, the appointment and removal organs or supervisory organs shall divide the persons in charge and other persons directly responsible according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 50 If anyone violates the provisions of this Law and uses such means as instigating theft or coercion to encroach upon the scientific and technological achievements of others, or infringes upon the legitimate rights and interests of others, he shall bear civil compensation liability according to law and may be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 51 in case of violation of the provisions of this law, if the employees disclose the technical secrets of their units without permission of the unit, or transfer or transfer the scientific and technological achievements of their posts without permission, the relevant personnel participating in the transformation of scientific and technological achievements shall, in violation of the agreement with the unit, engage in the transformation of scientific and technological achievements within the time limit agreed upon after leaving, leaving or retiring, If economic losses are caused to the unit, the unit shall bear civil compensation liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI supplementary provisions

Article 52 this Law shall come into force as of October 1st, 1996.

Source: Chongqing Science and Technology Bureau