Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (Amended in 2015)
Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (Amended in 2015)
Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (Amended in 2015)
Order of the President of the People's Republic of China No.32
August 29, 2015
(Adopted at the 19th Session of the Standing Committee of the 8th National People's Congress of the People's Republic of China on May 15, 1996; and amended according to the Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements at the 16th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on August 29)
Content
Chapter I General Provisions
Chapter II Arrangements for Implementation
Chapter III Guarantee Measures
Chapter IV Technological Rights and Interests
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 The Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (hereinafter referred to as the "Law") is enacted in order to promote the transformation of scientific and technological achievements into real productive forces, standardize such transformation, hasten scientific and technological progress, and facilitate economic and social development.
Article 2 The phrase "scientific and technological achievements" as used in this Law means achievements made as a result of scientific research and technological development which have practical value. On-duty scientific and technological achievements mean achievements made as a result of executing the work tasks of research and development institutions, institutions of higher learning, enterprises and other entities, or made by mainly using material and technological resources of the aforesaid entities.
The phrase "transformation of scientific and technological achievements" as used in this Law means the entire process of the follow-up tests, development, application, and widespread use of the applicable scientific and technological achievements, through to the final creation of new technologies, new techniques, new materials, new products, and new industries - all for the purpose of enhancing the productive forces.
Article 3 Transformation of scientific and technological achievements shall be instrumental to accelerating the implementation of the innovation-driven development strategy, to promoting the combination of science, technology and economy, to increasing economic and social results, to protecting the environment and reasonably using natural resources, as well as to promoting economic and social development and safeguarding national security.
In transforming scientific and technological achievements, the persons concerned shall respect the law of the market, let the enterprises play the main role, abide by the principles of voluntariness, mutual benefit, fairness and good faith, and shall, in accordance with law or contractual agreement, enjoy interests and bear risks. Intellectual property involved in the transformation of scientific and technological achievements shall be protected by law.
In the transformation of scientific and technological achievements, laws shall be observed and State interests safeguarded, and no public interests or legitimate rights and interests of others shall be damaged..
Article 4 The State shall reasonably allocate fiscal funds to the transformation of scientific and technological achievements, guide the investment of social funds in the transformation of scientific and technological achievements, and facilitate the investment of funds in the transformation of scientific and technological achievements from diversified sources.
Article 5 The State Council and local people's governments at various levels shall strengthen the coordination of their policies of science and technology, public finance, investment, taxation, talents, industries, finance, government procurement, military and civilian integration, and other policies so as to create a sound environment for thetransformation of scientific and technological achievements.
The local people's governments at various levels may, in accordance with the principles specified herein and in light of local conditions, take measures which can better facilitate the transformation of scientific and technological achievements.
Article 6 The State encourages the scientific and technological achievements to be implemented in China first. Relevant laws and administrative regulations as well as relevant provisions of the State shall be followed when Chinese entities or individuals transfer their scientific and technological achievements to overseas organizations or individuals, or license them to implement such scientific and technological achievements.
Article 7 For the needs of national security, national interests, and major public interests, the State may organize the implementation of or license others to implement relevant scientific and technological achievements according to law.
Article 8 The administrative department for science and technology, the administrative department for comprehensive economic and trade affairs, and other relevant administrative departments under the State Council shall, within their functions and responsibilities as prescribed by the State Council, administer, guide, and coordinate efforts for the transformation of scientific and technological achievements.
The local people's governments at various levels shall be responsible for administering, guiding, and coordinating efforts for the transformation of scientific and technological achievements within their respective administrative regions.
Chapter II Arrangements for Implementation
Article 9 The State Council and the local people's governments at various levels shall incorporate the transformation of scientific and technological achievements in their notional economic and social development plans and make arrangements and coordinate efforts for the transformation of relevant scientific and technological achievements.
Article 10 Fiscal funds shall be used to set up the application type of scientific and technological projects and other relevant scientific and technological projects. Relevant administrative departments and management agencies shall improve and perfect their organization and management mode of scientific research, and shall hear the opinions of relevant industries and enterprises when formulating relevant scientific and technological plans and preparing project guides; in organizing the implementation of the application type of scientific and technological projects, the project undertaker's obligation of transformation of scientific and technological achievements shall be made clear, the management of intellectual property shall be strengthened, and the transformation of scientific and technological achievements as well as the creation and use of intellectual property shall be made as an important basis and content of project approval and acceptance.
Article 11 The State shall establish and improve a scientific and technological reporting system and information system of scientific and technological achievements, announce to the public information regarding the implementation of scientific and technological projects, scientific and technological achievements, and related intellectual property, and provide public interest services such as information search and screening of scientific and technological achievements.
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