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Regulations of Shanghai Municipality on Technology Market
Article 1 With a view to promoting the healthy development of Shanghai municipality's technology market and safeguarding the legal rights and interests of the parties concerned, these Regulations are formulated according to the Law of the People's Republic of China on Science and Technology Progress and the Technology Contract Law of the People's Republic of China and other related laws and administrative statutes, and in line with this municipality's actual circumstances.
Article 2 These Regulations apply to citizens, legal persons and other organizations engaged in technology trading and technology trading services in this municipality.
Technology trading includes such trading activities as technology development, technology transfer, technology consultation and technology services.
Technology trading services include the services in technology trading places, technology trading brokerage, technology trading consultation, technology appraisal and technology information.
Article 3 The people's governments at various levels of this municipality must strengthen the fostering of and the support for the technology market and then guide the healthy development of the technology market.
Article 4 The municipal administrative department of science and technology is the competent department of this municipality's technology market, responsible for the implementation of these Regulations.
The municipal, district and county administrative departments of industry and commerce, and taxation, and other relevant departments shall exercise supervision and control over the technology market according to law.
CHAPTER II GUIDELINES FOR TECHNOLOGY TRADING
Article 5 The principle of willingness and equality, payment and mutual benefit, honesty and credit, and unanimity through negotiations must be followed in conducting technology trading.
Article 6 The parties concerned in technology trading shall bear the responsibility for the legality of the technologies they own.
A party concerned is fully aware or should be aware that the other party illegally usurps the technology of other people and yet conducts technology trading with it, that party concerned is deemed to infringe upon other people's technology rights and interests.
Article 7 When transferring technology, the party concerned in technology trading must arrange in the contract the responsibility of technology risks that may arise during the performance of the technology.
Article 8 The party concerned shall make a decision on the prices, usage fees or rewards of technology trading items based on such factors as research and development costs, economic and social returns after application of the technology, permissible application scope and the supply and demand situation of technology market. The party concerned may also make a decision after appraisal by the intangible assets appraisal agency.
Article 9 The owner of technology may fix a price for his or her technology and invest in stocks of the other party concerned in technology trading.
Article 10 In technology trading, a technology contract must be signed according to the provisions of the Technology Contract Law of the People's Republic of China and other relevant laws and regulations.
Article 11 Technology trading, if involving State security, social and public interests, State's major economic benefits and environmental protection, must observe the provisions of the relevant laws and regulations.
Article 12 The following actions are forbidden in technology trading:
1. Stealing or usurping technologies owned by other people to conduct technology trading;
2. Conducting technology trading by means of fraudulence or coercion; or
3. Other actions prohibited by laws and regulations.
CHAPTER III TECHNOLOGY TRADING SERVICE AGENCIES
Article 13 Encouragement shall be given to the establishment of various technology trading service agencies. A permit system shall be practiced for the establishment of various technology trading service agencies.
Different kinds of technology trading service agencies must provide places, brokerage, consultation, appraisal, information and other services according to the provisions of relevant laws and regulations, and service standards.
Article 14 Different kinds of technology trading service agencies must follow the principle of justice, openness, fairness, objectivess, truthfulness and science.
Article 15 The following requirements must be met for the establishment of technology trading service agencies:
1. Having clear business directions and a corresponding special name;
2. Having specialized personnel and managerial personnel matched to service scope and scale. There must be a certain number of middle-rank and above specialized technicians in the full-time specialized personnel;
3. Having permanent places and necessary funds and facilities; and
4. Having organization rules and service standards.
Article 16 For the establishment of technology trading service agencies, applications must be submitted to the municipal administrative department of science and technology, which must make a decision on examination and approval within 30 days after receiving the application form. In cases of a decision on approval, a Permit for Technology Trading Service must be given to the applicant and in case of a decision on disapproval, a written notification to the applicant.
If the municipal administrative department of science and technology fails to make any decision within prescribed period of time for examination and approval, the approval is deemed to be given and a Permit for Technology Trading Service must be issued.
After obtaining the Permit for Technology Trading Service, the operational technology trading service agency must register with the local administrative department of industry and commerce according to the State's relevant provisions to get a license.
Article 17 This municipality shall establish a fund for technology market to speed up the application of technology, promote the development of technology market and lend support in various forms.
The municipal people's government shall formulate the procedures for the establishment and management of the technology market fund.
CHAPTER IV MANAGEMENT OF TECHNOLOGY MARKET
Article 18 The main functions of the municipal administrative department of science and technology are as follows:
1. To publicize and execute the laws and regulations governing technology market and inspect the technology market for compliance with the relevant laws and regulations;
2. To manage the technology market fund;
3. To take charge of acknowledgment and registration of technology contracts;
4. To examine and approve the establishment of technology trading service agencies;
5. To examine and approve the holding of technology trading fairs jointly with the administrative department of industry and commerce;
6. To conduct uniform examination of the managerial personnel of the technology market operations;
7. To take charge of statistics and analyses of technology market;
8. To commend and reward units and individuals that contribute to bringing about a prosperous technology market; and
9. To deal with illegal actions in technology trading according to law.
The main functions of district and county administrative departments of science and technology are as follows:
1. To publicize and execute the laws and regulations governing technology market, and inspect the technology market in respective district and county for compliance with the relevant laws and regulations;
2. To take charge of acknowledgment and registration of technology contracts in respective district and county;
3. To examine and verify the holding of technology trading fairs in respective district and county and report to the municipal administrative department of science and technology for approval;
4. To take charge of statistics of technology market in respective district and county;
5. To commend and reward units and individuals that contribute to bringing about a prosperous technology market; and
6. To investigate the actions in violation of these Regulations in technology trading in respective district and county and propose treatment suggestions.
The Shanghai municipal technology market office under the leadership of the municipal administrative department of science and technology shall take specific responsibility for the daily management of this municipality's technology market.
Article 19 Citizens, legal persons and other organizations must enhance the self-protection of technologies owned by themselves.
Article 20 A system of technology contract acknowledgment and registration shall be practiced in this municipality. The parties concerned in technology trading shall apply to the technology contract acknowledging and registering agency for acknowledgment and registration by presentation of the signed technology contracts. After acknowledgment and registration, the technology contract acknowledging and registering agency shall issue an acknowledgment and registration certificate.
After acknowledgment and registration of technology contracts, the parties concerned shall enjoy the related preferential policies of the State and this Municipality. To the contracts without acknowledgment and registration, or with refusal to acknowledgment, the related preferential policies of the State and this Municipality shall not be enjoyed by the parties concerned.
Article 21 Legal persons and other organizations may draw a certain proportion from the returns of technology trading as rewards given to the persons directly involved in the completion of the technology items.
Article 22 When a dispute arises in technology trading, one party or both parties concerned may apply to the State-designated arbitration agency for arbitration according to the arbitration articles in the technology contract, or to the written arbitration agreement reached afterwards.
If no arbitration article is concluded in the technology contract, nor is any written arbitration agreement reached afterwards, the parties concerned may file a lawsuit in the people's court.
If one party fails to perform the arbitration adjudication within the time limit set by the arbitration adjudication, the other party concerned may apply to the people's court with jurisdiction for enforcement.
Article 23 Those who forge or defraud the acknowledgment and registration certificate of technology contract shall be punished by the municipal administrative department of science and technology with fines between RMB 500 yuan and 2,000 yuan. The privileges as the taxes illegally enjoyed must be recalled by the related departments.
Article 24 In technology trading, violations of the provisions under Article 11 of these Regulations must be handled by the relevant departments according to law. If the violations constitute a crime, the violator shall be investigated for criminal responsibility according to law.
Article 25 If any technology trading service agency has fraudulent and coercive behavior in operational activities, the municipal administrative department of science and technology and administrative department of industry and commerce shall, according to their respective functions and to the seriousness of the case, confiscate the agency's illicit gains, order it to make correction or to suspend business, to withhold temporarily or rescind its Permit for Technology Trading Service and impose fines of 1 to 3 times its illicit gains.
If any person is engaged in technology trading service activities without a Permit for Technology Trading Service or with a forged or cheated Permit, he/she shall be ordered by the municipal administrative department of science and technology to stop illegal activities, and his/her forged or cheated Permits for Technology Trading Service shall be confiscated. The administrative department of industry and commerce shall confiscate his/her illicit gains and impose fines between RMB 500 yuan and 5,000 yuan.
Article 26 The managerial personnel of technology market who neglect their duties, make embezzlement, accept bribery and engage in malpractice for personal gains shall be given administrative punishments by their work unit according to the seriousness of the case. If the irregularities constitute a crime, the offender shall be investigated for criminal responsibility according to law.
Article 27 The party concerned, who disagrees with the specific administrative act of administrative departments of science and technology or other administrative departments, may apply for review or file a lawsuit according to the provisions of the Regulations on Administrative Review and the Administrative Litigation Law of the People's Republic of China.
If the party concerned neither applies for review nor files a lawsuit nor performs the decision on administrative punishments within the time limit, the administrative department that makes the decision on administrative punishments may apply to the people's court for enforcement.
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 28 The specific procedures for the establishment of various technology trading service agencies and management procedures for individuals being engaged in technology trading service shall be formulated by the municipal people's government.
Article 29 The specific application of these Regulations shall be interpreted by the municipal administrative department of science and technology.
Article 30 These Regulation shall become effective on July,1,1995.