Chapter I General Provisions
Article 1 This Law is enacted in order to promote the transformation of scientific and technological achievements into actual vitality, standardize the transformation of scientific and technological achievements, accelerate the progress of science and technology, and promote economic construction and social development.
Article 2 The transformation of scientific and technological achievements referred to in this Law refers to the subsequent testing, development, application and promotion of scientific and technological achievements of scientific research and technological development to improve the level of productivity until the formation of new products and new Process, new materials, development of new industries and other activities.
Article 3 The transformation of scientific and technological achievements shall be conducive to improving economic and social benefits and protecting the environment and resources, and is conducive to promoting economic construction, social development and national defense construction. The transformation of scientific and technological achievements shall follow the principles of voluntariness, mutual benefit, fairness, honesty and credit, or
In accordance with the contract, enjoy the benefits and take risks. 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 the law, safeguard the national interests, and shall not harm the public interest.
Article 4 The administrative department of science and technology, the planning department, the comprehensive economic management department and other relevant administrative departments of the State Council shall, in accordance with the scope of duties prescribed by the State Council, manage, direct and coordinate the transformation of scientific and technological achievements. Local people's governments at various levels are responsible for managing, guiding and coordinating the transformation of scientific and technological achievements within their respective administrative regions.
Chapter II Organization and Implementation
Article 5 The State Council and 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 organize and coordinate the implementation of the transformation of relevant scientific and technological achievements.
Article 6 The relevant departments of the State Council and the people's governments of the autonomous regions and municipalities directly under the Central Government shall regularly publish catalogues of scientific and technological achievements and key scientific and technological achievements transformation projects, and prioritize and support the implementation of the following projects:
(1) Significantly improving the technical level and economic benefits of the industry;
(2) Forming an industrial scale with international economic competitiveness;
(3) Rationally developing and utilizing resources, saving energy, reducing consumption, and preventing environmental pollution;
(4) Promoting high-yield, high-quality and high-efficiency agriculture and rural economic development;
(5) Accelerating the social and economic development of minority areas and remote and poverty-stricken areas.
Article 7 The State promotes and encourages the use of advanced technologies, processes and equipment to continuously improve, restrict or eliminate backward technologies, processes and equipment through the formulation of policy measures.
Article 8 The key scientific and technological achievements transformation projects organized and implemented by the people's governments at various levels may be implemented by the relevant departments in the form of open tendering. The relevant department shall provide the winning bidder with the funding or other conditions determined at the time of bidding.
Article 9 Holders of scientific and technological achievements may use the following methods to transform scientific and technological achievements.
(1) Implementing transformation by self-investment;
(2) transferring the scientific and technological achievements to others;
(3) permitting others to use the scientific and technological achievements;
(4) using the scientific and technological achievements as a condition of cooperation and jointly implementing transformation with others;
(5) investing in the price of the scientific and technological achievements, and converting the shares or the proportion of capital contribution.
Article 10 In order to adopt new technologies, new processes, new materials and new products, enterprises may publish information on their own or entrust technology transaction intermediaries to collect the scientific and technological achievements they need, or to seek cooperation from scientific and technological achievements.
Article 11 An enterprise has the right to independently or independently implement the transformation of scientific and technological achievements with domestic and foreign enterprises, institutions and other partners. Enterprises can participate in scientific research and development and scientific and technological achievements transformation projects implemented by government organizations through fair competition, independence or joint efforts with other units.
Article 12 The State encourages research and development institutions, institutions of higher learning and other institutions to combine with production enterprises to jointly implement the transformation of scientific and technological achievements. Research and development institutions, institutions of higher learning and other institutions may participate in the bidding and tendering activities of relevant government departments or enterprises to implement the transformation of scientific and technological achievements.
Article 13 The State encourages agricultural research institutions and agricultural experimental demonstration units to independently or cooperate with other units to implement the transformation of agricultural scientific and technological achievements. In order to promote the transformation of scientific and technological achievements, agricultural scientific research institutions can operate their own independent research and development or cooperate with other units to research and develop and have been approved.
Article 14: The scientific and technological achievements of the practical value of the research and development institutions established by the state and the institutions of higher learning, if the unit fails to implement the transformation in a timely manner, the winners of the scientific and technological achievements and the participants shall not change the ownership of the scientific and technological achievements of their posts. Under the premise, the conversion of the scientific and technological achievements can be carried out according to the agreement with the unit, and the rights stipulated in the agreement can be enjoyed. The unit should support the above-mentioned scientific and technological achievements transformation activities. The person in charge of scientific and technological achievements or the person in charge of the project shall not hinder the transformation of the scientific and technological achievements of the post, and shall not take the scientific and technological achievements of the job and its technical data and data as its own, and infringe upon the legitimate rights and interests of the unit.
Article 15: Completion units for scientific and technological achievements, units for the transformation of scientific and technological achievements, and investment units for scientific and technological achievements shall cooperate in the follow-up test, development, application and production and operation of scientific and technological achievements, and shall sign contracts to stipulate the rights and commitments of the parties. risk.
Article 16 The detection and evaluation of scientific and technological achievements in the transformation of scientific and technological achievements must follow the principles of fairness and objectivity, and must not provide false test results or evaluation certificates. National research and development institutions, institutions of higher learning, and state-owned enterprises that cooperate with enterprises, other organizations, or individuals outside China to carry out scientific and technological achievements transformation activities must evaluate the value of scientific and technological achievements in accordance with relevant state regulations. Foreign cooperation in the transformation of scientific and technological achievements, involving state secrets, shall be approved in advance in accordance with the prescribed procedures.
Article 17 The places or institutions engaged in technology transactions established according to law may carry out the following activities to promote the transformation of scientific and technological achievements:
(1) Introducing and recommending advanced, mature and practical scientific and technological achievements;
(2) Providing economic information, technical information, environmental information and other relevant information needed for the transformation of scientific and technological achievements;
(3) conducting technical trade activities;
(4) Providing other consulting services for the transformation of scientific and technological achievements.
Article 18 An intermediary agency that engages in paid services such as agency or intermediation in technical transactions shall obtain a business license in accordance with the relevant provisions of the State; personnel engaged in brokerage business in the institution shall obtain qualification certificates in accordance with relevant state regulations.
Article 19 The State encourages enterprises, institutions and rural science and technology economic cooperation organizations to conduct intermediate tests, industrial tests, agricultural experiment demonstrations and other technological innovation and technical service activities. The intermediate test bases, industrial test bases, agricultural test demonstration bases and other technological innovation and technical service institutions engaged in the transformation of scientific and technological achievements can carry out the following activities:
(1) conducting intermediate tests and industrial tests on new products and processes;
(2) Facing the society to carry out systematic development and engineering development of technological innovation in regional or industrial areas;
(3) Providing technical and technical services for small and medium-sized enterprises, township enterprises, and rural science and technology economic cooperation organizations:
(4) Providing comprehensive supporting services for transforming high-tech achievements and establishing related enterprises.
The basic construction of the bases and institutions listed in the preceding paragraph shall be approved by the relevant departments of the State Council and the people's governments of the autonomous regions and municipalities directly under the Central Government, and incorporated into relevant national or local planning.
Article 20 The test products transformed by scientific and technological achievements shall be tested and sold within the approved trial sales period in accordance with the provisions of the State's relevant test-selling products and approved by the relevant departments. The trial production and trial sale of the above products shall conform to the relevant national standards for technology, quality, safety and hygiene.
Chapter III Safeguards
Article 21 The funds used by the state for science and technology, fixed assets investment and technological transformation shall be used for a certain proportion of the transformation of scientific and technological achievements. The state financial funds for the transformation of scientific and technological achievements are mainly used for guiding funds for the transformation of scientific and technological achievements, loan interest subsidies, subsidized funds and venture capital, and other funds for promoting the transformation of scientific and technological achievements.
Article 22 The State implements preferential tax policies for the transformation of scientific and technological achievements. The specific measures by the State Council.
Article 23 National financial institutions shall support the transformation of scientific and technological achievements in credit and gradually increase loans for the transformation of scientific and technological achievements.
Article 24 The State encourages the establishment of scientific and technological achievements transformation funds or risk funds. The sources of funds are provided by the state, local governments, enterprises, institutions and other organizations or individuals to support high-input, high-risk, high-output scientific and technological achievements. The transformation has accelerated the industrialization of major scientific and technological achievements. The establishment of scientific and technological achievements transformation funds and risk funds and the use of their funds shall be implemented in accordance with relevant state regulations.
Article 25 The State promotes the construction and development of a scientific and technological information network, establishes a database of scientific and technological achievements information, and provides information services for scientific and technological achievements nationwide.
Chapter IV Technical Rights
Article 26 If a scientific and technological achievement completion unit cooperates with other units to carry out the transformation of scientific and technological achievements, the ownership of the relevant scientific and technological achievements shall be stipulated in the contract. If the contract is not stipulated, it shall be handled in accordance with the following principles:
(1) In the absence of new inventions and creations in the cooperative transformation, the rights and interests of the scientific and technological achievements shall be attributed to the completion unit of the scientific and technological achievements;
(2) If a new invention is created in the transformation of cooperation, the rights and interests of the new invention 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 transformation of cooperation, and the scientific and technological achievements shall be agreed by the parties to the cooperation.
Article 27 Where the completion unit of scientific and technological achievements cooperates with other units to carry out the transformation of scientific and technological achievements, the parties to the cooperation shall reach an agreement on the protection of technical secrets; the parties shall not violate the agreement or violate the requirements of the rights holders for keeping technical secrets, and disclose and allow others to use them. The technology. A technology trading place or intermediary has a confidentiality obligation to the technical secrets of the parties involved in engaging in agency or intermediation services.
Article 28 Enterprises and institutions shall establish and improve the system of protection of technical secrets and protect the technical secrets of their own units. Employees shall abide by the technical secret protection system of their own units. Enterprises and institutions may sign employment or resignation with relevant personnel who participate in the transformation of scientific and technological achievements.
An agreement to keep the technical secrets of the unit within a certain period of time after retiring or retiring; the relevant personnel shall not violate the agreement, disclose the technical secrets of the unit and engage in the same scientific and technological achievements transformation activities as the original unit. Employees may not transfer or transfer their scientific and technological achievements in disguise.
Article 29 If a scientific and technological achievement completion unit transfers its scientific and technological achievements to another person, the unit shall draw no less than 20% of the net income obtained from the transfer of the scientific and technological achievements of the job, and complete the scientific and technological achievements. And rewards for those who make important contributions.
Article 30 After the independent research and development of an enterprise or institution is carried out or the scientific and technological achievements researched and developed in cooperation with other units are successfully put into operation, the unit shall extract no less than 5% from the implementation of the newly added profits of the technical achievements for three to five consecutive years. The proportion of the people who contribute to the completion of the scientific and technological achievements and their transformation. Enterprises adopting the form of shares can repay the rewards or rewards of relevant personnel who make important contributions in the research and development and implementation of scientific and technological achievements, and convert them into shares or capital contribution proportions according to relevant state regulations.
Chapter V Legal Liability
Article 31 In violation of the provisions of this Law, in the transformation of scientific and technological achievements, fraudulent means, fraudulent means, fraudulent rewards and honorary titles, fraudulent wealth, illegal profits, ordered to correct, cancel the award and honorary title, confiscate the illegal income, and punish fine. If it causes economic losses to others, it shall bear civil liability for compensation according to law. Constitute a crime, be held criminally responsible.
Article 32 Whoever, in violation of the provisions of this Law, conducts tests or value assessments of scientific and technological achievements, deliberately provides false test results or evaluation certificates, orders corrections, warns them, confiscates illegal income, and imposes fines on the test organizers and evaluation agencies. If the circumstances are serious, the business license and qualification certificate shall be revoked according to law. If it causes economic losses to others, it shall bear civil liability for compensation according to law.
Article 33 If the scientific and technological administrative departments of the people's governments at various levels and the staff of other relevant departments neglect their duties or engage in malpractices for personal gains in the transformation of scientific and technological achievements, they shall be given administrative sanctions; if they constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 34 Whoever violates the provisions of this Law and infringes upon the scientific and technological achievements of others by means of incitement to swindle, induces coercion, etc., infringes on the lawful rights and interests of others, and is liable to a civil liability for compensation according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35: In violation of the provisions of this Law, if the employee reveals the technical secrets of the unit without the permission of the unit, or transfers or disguise the transfer of scientific and technological achievements in disguise, the relevant personnel who participate in the transfer of scientific and technological achievements violate the agreement with the unit and leave the company. Those who engage in the same scientific and technological achievements transformation activities as the original units within the time limit set by retiring or retiring shall bear legal responsibility in accordance with relevant regulations.
Article 36: Intermediary agencies engaged in agency or intermediation services and personnel engaged in brokerage business in technology transactions, deceiving the principal, or colluding with the other party to deceive the other party, shall be ordered to make corrections and be warned, except for civil responsibility according to law. In addition to liability, illegal gains shall be confiscated and a fine shall be imposed; if the circumstances are serious, the business license and qualification certificate shall be revoked according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 37 This Law shall come into force on October 1, 1996.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
Article 1 This Law is enacted in order to promote the transformation of scientific and technological achievements into actual vitality, standardize the transformation of scientific and technological achievements, accelerate the progress of science and technology, and promote economic construction and social development.
Article 2 The transformation of scientific and technological achievements referred to in this Law refers to the subsequent testing, development, application and promotion of scientific and technological achievements of scientific research and technological development to improve the level of productivity until the formation of new products and new Process, new materials, development of new industries and other activities.
Article 3 The transformation of scientific and technological achievements shall be conducive to improving economic and social benefits and protecting the environment and resources, and is conducive to promoting economic construction, social development and national defense construction. The transformation of scientific and technological achievements shall follow the principles of voluntariness, mutual benefit, fairness, honesty and credit, or
In accordance with the contract, enjoy the benefits and take risks. 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 the law, safeguard the national interests, and shall not harm the public interest.
Article 4 The administrative department of science and technology, the planning department, the comprehensive economic management department and other relevant administrative departments of the State Council shall, in accordance with the scope of duties prescribed by the State Council, manage, direct and coordinate the transformation of scientific and technological achievements. Local people's governments at various levels are responsible for managing, guiding and coordinating the transformation of scientific and technological achievements within their respective administrative regions.
Chapter II Organization and Implementation
Article 5 The State Council and 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 organize and coordinate the implementation of the transformation of relevant scientific and technological achievements.
Article 6 The relevant departments of the State Council and the people's governments of the autonomous regions and municipalities directly under the Central Government shall regularly publish catalogues of scientific and technological achievements and key scientific and technological achievements transformation projects, and prioritize and support the implementation of the following projects:
(1) Significantly improving the technical level and economic benefits of the industry;
(2) Forming an industrial scale with international economic competitiveness;
(3) Rationally developing and utilizing resources, saving energy, reducing consumption, and preventing environmental pollution;
(4) Promoting high-yield, high-quality and high-efficiency agriculture and rural economic development;
(5) Accelerating the social and economic development of minority areas and remote and poverty-stricken areas.
Article 7 The State promotes and encourages the use of advanced technologies, processes and equipment to continuously improve, restrict or eliminate backward technologies, processes and equipment through the formulation of policy measures.
Article 8 The key scientific and technological achievements transformation projects organized and implemented by the people's governments at various levels may be implemented by the relevant departments in the form of open tendering. The relevant department shall provide the winning bidder with the funding or other conditions determined at the time of bidding.
Article 9 Holders of scientific and technological achievements may use the following methods to transform scientific and technological achievements.
(1) Implementing transformation by self-investment;
(2) transferring the scientific and technological achievements to others;
(3) permitting others to use the scientific and technological achievements;
(4) using the scientific and technological achievements as a condition of cooperation and jointly implementing transformation with others;
(5) investing in the price of the scientific and technological achievements, and converting the shares or the proportion of capital contribution.
Article 10 In order to adopt new technologies, new processes, new materials and new products, enterprises may publish information on their own or entrust technology transaction intermediaries to collect the scientific and technological achievements they need, or to seek cooperation from scientific and technological achievements.
Article 11 An enterprise has the right to independently or independently implement the transformation of scientific and technological achievements with domestic and foreign enterprises, institutions and other partners. Enterprises can participate in scientific research and development and scientific and technological achievements transformation projects implemented by government organizations through fair competition, independence or joint efforts with other units.
Article 12 The State encourages research and development institutions, institutions of higher learning and other institutions to combine with production enterprises to jointly implement the transformation of scientific and technological achievements. Research and development institutions, institutions of higher learning and other institutions may participate in the bidding and tendering activities of relevant government departments or enterprises to implement the transformation of scientific and technological achievements.
Article 13 The State encourages agricultural research institutions and agricultural experimental demonstration units to independently or cooperate with other units to implement the transformation of agricultural scientific and technological achievements. In order to promote the transformation of scientific and technological achievements, agricultural scientific research institutions can operate their own independent research and development or cooperate with other units to research and develop and have been approved.
Article 14: The scientific and technological achievements of the practical value of the research and development institutions established by the state and the institutions of higher learning, if the unit fails to implement the transformation in a timely manner, the winners of the scientific and technological achievements and the participants shall not change the ownership of the scientific and technological achievements of their posts. Under the premise, the conversion of the scientific and technological achievements can be carried out according to the agreement with the unit, and the rights stipulated in the agreement can be enjoyed. The unit should support the above-mentioned scientific and technological achievements transformation activities. The person in charge of scientific and technological achievements or the person in charge of the project shall not hinder the transformation of the scientific and technological achievements of the post, and shall not take the scientific and technological achievements of the job and its technical data and data as its own, and infringe upon the legitimate rights and interests of the unit.
Article 15: Completion units for scientific and technological achievements, units for the transformation of scientific and technological achievements, and investment units for scientific and technological achievements shall cooperate in the follow-up test, development, application and production and operation of scientific and technological achievements, and shall sign contracts to stipulate the rights and commitments of the parties. risk.
Article 16 The detection and evaluation of scientific and technological achievements in the transformation of scientific and technological achievements must follow the principles of fairness and objectivity, and must not provide false test results or evaluation certificates. National research and development institutions, institutions of higher learning, and state-owned enterprises that cooperate with enterprises, other organizations, or individuals outside China to carry out scientific and technological achievements transformation activities must evaluate the value of scientific and technological achievements in accordance with relevant state regulations. Foreign cooperation in the transformation of scientific and technological achievements, involving state secrets, shall be approved in advance in accordance with the prescribed procedures.
Article 17 The places or institutions engaged in technology transactions established according to law may carry out the following activities to promote the transformation of scientific and technological achievements:
(1) Introducing and recommending advanced, mature and practical scientific and technological achievements;
(2) Providing economic information, technical information, environmental information and other relevant information needed for the transformation of scientific and technological achievements;
(3) conducting technical trade activities;
(4) Providing other consulting services for the transformation of scientific and technological achievements.
Article 18 An intermediary agency that engages in paid services such as agency or intermediation in technical transactions shall obtain a business license in accordance with the relevant provisions of the State; personnel engaged in brokerage business in the institution shall obtain qualification certificates in accordance with relevant state regulations.
Article 19 The State encourages enterprises, institutions and rural science and technology economic cooperation organizations to conduct intermediate tests, industrial tests, agricultural experiment demonstrations and other technological innovation and technical service activities. The intermediate test bases, industrial test bases, agricultural test demonstration bases and other technological innovation and technical service institutions engaged in the transformation of scientific and technological achievements can carry out the following activities:
(1) conducting intermediate tests and industrial tests on new products and processes;
(2) Facing the society to carry out systematic development and engineering development of technological innovation in regional or industrial areas;
(3) Providing technical and technical services for small and medium-sized enterprises, township enterprises, and rural science and technology economic cooperation organizations:
(4) Providing comprehensive supporting services for transforming high-tech achievements and establishing related enterprises.
The basic construction of the bases and institutions listed in the preceding paragraph shall be approved by the relevant departments of the State Council and the people's governments of the autonomous regions and municipalities directly under the Central Government, and incorporated into relevant national or local planning.
Article 20 The test products transformed by scientific and technological achievements shall be tested and sold within the approved trial sales period in accordance with the provisions of the State's relevant test-selling products and approved by the relevant departments. The trial production and trial sale of the above products shall conform to the relevant national standards for technology, quality, safety and hygiene.
Chapter III Safeguards
Article 21 The funds used by the state for science and technology, fixed assets investment and technological transformation shall be used for a certain proportion of the transformation of scientific and technological achievements. The state financial funds for the transformation of scientific and technological achievements are mainly used for guiding funds for the transformation of scientific and technological achievements, loan interest subsidies, subsidized funds and venture capital, and other funds for promoting the transformation of scientific and technological achievements.
Article 22 The State implements preferential tax policies for the transformation of scientific and technological achievements. The specific measures by the State Council.
Article 23 National financial institutions shall support the transformation of scientific and technological achievements in credit and gradually increase loans for the transformation of scientific and technological achievements.
Article 24 The State encourages the establishment of scientific and technological achievements transformation funds or risk funds. The sources of funds are provided by the state, local governments, enterprises, institutions and other organizations or individuals to support high-input, high-risk, high-output scientific and technological achievements. The transformation has accelerated the industrialization of major scientific and technological achievements. The establishment of scientific and technological achievements transformation funds and risk funds and the use of their funds shall be implemented in accordance with relevant state regulations.
Article 25 The State promotes the construction and development of a scientific and technological information network, establishes a database of scientific and technological achievements information, and provides information services for scientific and technological achievements nationwide.
Chapter IV Technical Rights
Article 26 If a scientific and technological achievement completion unit cooperates with other units to carry out the transformation of scientific and technological achievements, the ownership of the relevant scientific and technological achievements shall be stipulated in the contract. If the contract is not stipulated, it shall be handled in accordance with the following principles:
(1) In the absence of new inventions and creations in the cooperative transformation, the rights and interests of the scientific and technological achievements shall be attributed to the completion unit of the scientific and technological achievements;
(2) If a new invention is created in the transformation of cooperation, the rights and interests of the new invention 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 transformation of cooperation, and the scientific and technological achievements shall be agreed by the parties to the cooperation.
Article 27 Where the completion unit of scientific and technological achievements cooperates with other units to carry out the transformation of scientific and technological achievements, the parties to the cooperation shall reach an agreement on the protection of technical secrets; the parties shall not violate the agreement or violate the requirements of the rights holders for keeping technical secrets, and disclose and allow others to use them. The technology. A technology trading place or intermediary has a confidentiality obligation to the technical secrets of the parties involved in engaging in agency or intermediation services.
Article 28 Enterprises and institutions shall establish and improve the system of protection of technical secrets and protect the technical secrets of their own units. Employees shall abide by the technical secret protection system of their own units. Enterprises and institutions may sign employment or resignation with relevant personnel who participate in the transformation of scientific and technological achievements.
An agreement to keep the technical secrets of the unit within a certain period of time after retiring or retiring; the relevant personnel shall not violate the agreement, disclose the technical secrets of the unit and engage in the same scientific and technological achievements transformation activities as the original unit. Employees may not transfer or transfer their scientific and technological achievements in disguise.
Article 29 If a scientific and technological achievement completion unit transfers its scientific and technological achievements to another person, the unit shall draw no less than 20% of the net income obtained from the transfer of the scientific and technological achievements of the job, and complete the scientific and technological achievements. And rewards for those who make important contributions.
Article 30 After the independent research and development of an enterprise or institution is carried out or the scientific and technological achievements researched and developed in cooperation with other units are successfully put into operation, the unit shall extract no less than 5% from the implementation of the newly added profits of the technical achievements for three to five consecutive years. The proportion of the people who contribute to the completion of the scientific and technological achievements and their transformation. Enterprises adopting the form of shares can repay the rewards or rewards of relevant personnel who make important contributions in the research and development and implementation of scientific and technological achievements, and convert them into shares or capital contribution proportions according to relevant state regulations.
Chapter V Legal Liability
Article 31 In violation of the provisions of this Law, in the transformation of scientific and technological achievements, fraudulent means, fraudulent means, fraudulent rewards and honorary titles, fraudulent wealth, illegal profits, ordered to correct, cancel the award and honorary title, confiscate the illegal income, and punish fine. If it causes economic losses to others, it shall bear civil liability for compensation according to law. Constitute a crime, be held criminally responsible.
Article 32 Whoever, in violation of the provisions of this Law, conducts tests or value assessments of scientific and technological achievements, deliberately provides false test results or evaluation certificates, orders corrections, warns them, confiscates illegal income, and imposes fines on the test organizers and evaluation agencies. If the circumstances are serious, the business license and qualification certificate shall be revoked according to law. If it causes economic losses to others, it shall bear civil liability for compensation according to law.
Article 33 If the scientific and technological administrative departments of the people's governments at various levels and the staff of other relevant departments neglect their duties or engage in malpractices for personal gains in the transformation of scientific and technological achievements, they shall be given administrative sanctions; if they constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 34 Whoever violates the provisions of this Law and infringes upon the scientific and technological achievements of others by means of incitement to swindle, induces coercion, etc., infringes on the lawful rights and interests of others, and is liable to a civil liability for compensation according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 35: In violation of the provisions of this Law, if the employee reveals the technical secrets of the unit without the permission of the unit, or transfers or disguise the transfer of scientific and technological achievements in disguise, the relevant personnel who participate in the transfer of scientific and technological achievements violate the agreement with the unit and leave the company. Those who engage in the same scientific and technological achievements transformation activities as the original units within the time limit set by retiring or retiring shall bear legal responsibility in accordance with relevant regulations.
Article 36: Intermediary agencies engaged in agency or intermediation services and personnel engaged in brokerage business in technology transactions, deceiving the principal, or colluding with the other party to deceive the other party, shall be ordered to make corrections and be warned, except for civil responsibility according to law. In addition to liability, illegal gains shall be confiscated and a fine shall be imposed; if the circumstances are serious, the business license and qualification certificate shall be revoked according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Article 37 This Law shall come into force on October 1, 1996.
The authenticity of this information has not been confirmed by the international electrical network, for your reference only.
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