Measures of Jilin Province for the Administration of Accreditation and Registration of technology contracts
Chapter I General provisions
Article 1 In order to accelerate the transfer of technology, promote the transformation of scientific and technological achievements, and standardize the registration and administration of technology contracts, these Measures are formulated in accordance with the Measures for the Registration and Administration of Technology Contracts issued by the Ministry of Science and Technology, the Ministry of Finance and the State Administration of Taxation, the Rules for the Identification of Technology Contracts issued by the Ministry of Science and Technology and the relevant policies.
Article 2 These Measures shall apply to the technology contracts established between natural persons (individuals), legal persons and other organizations in Jilin Province in accordance with the relevant provisions of the Contract Law of the People's Republic of China in respect of technology development, technology transfer, technology consultation and technology service activities, establishing the relationship between civil rights and obligations.
Article 3 The provincial administrative department of science and technology is responsible for the identification and registration of technology contracts in the province, and is specifically responsible for the registration of technology contracts for units directly under the central and provincial governments, and issues supplementary certificates of technology contract registration for units that enjoy preferential income tax policies and have been handled by the municipal (prefecture) administrative department of science and technology in accordance with regulations. The municipal (prefecture) administrative department of science and technology shall be responsible for the identification and registration of technology contracts within the region.
Article 4 A region-by-region registration system shall be implemented for the recognition and registration of technology contracts. The technical contract shall be registered within three months of signing. The party concerned may, by presenting the registration certificate, apply to the competent tax authority for the enjoyment of preferential policies prescribed by the State. When examining the application for enjoying the relevant preferential tax policies, the tax authority considers that the technical contract registration institution has made a mistake, it may require the original technical contract registration institution to make a new determination. If the tax authorities still hold that the recertified technology contract is wrongly identified and does not meet the conditions of the preferential tax policy of the State, the parties shall not enjoy the preferential tax policy.
Article 5 The technology contract applied for identification and registration shall use standard terms such as technology development, technology transfer, technical consultation, technical service, etc. The seal is complete, the text is standardized, the relationship between rights and obligations is clear, the technology transaction is clear and effective according to law.
Article 6 The total amount of contract transactions in these Measures refers to the total amount of the technology contract transactions; Technical transaction volume refers to the amount remaining after deducting non-technical expenses for the purchase and sale of equipment, instruments, parts and raw materials from the total amount of contract transactions, but the direct cost of a reasonable quantity of the subject matter is not included in the non-technical expenses; Technical income refers to the amount of price, usage fee and remuneration obtained after the performance of the contract, which generally does not exceed 80% of the technical transaction volume.
Article 7 Where a contract for which an application for identification and registration involves national security or major interests that require confidentiality, the technology contract registration institution shall take measures to protect state secrets. Where a party's trade secret (including business information and technical information) is involved, the party shall, in writing, request the technology contract registration authority for confidentiality. The technology contract registration organ shall take the initiative to keep the relevant technical secrets of the parties concerned and safeguard their legitimate rights and interests.
If a person divulges state secrets, the responsible person and the person directly responsible shall be investigated for legal responsibility in accordance with the relevant provisions of the State; Where the disclosure of the technical secret agreed upon in the technology contract causes losses to the party concerned, it shall bear the corresponding legal liability.
Article 8 If the parties concerned apply for recognition and registration of the technology contract concluded with the relevant planning department or project execution department in connection with the undertaking of a national or local science and technology plan project, in accordance with the provisions of the Contract Law of the People's Republic of China and provide the approval documents of the relevant planning department or project execution department, the technology contract registration institution shall accept the application and carry out recognition and registration.
Article 9 The scope of the subject matter of a technology contract applied for identification and registration shall not be restricted by the industry, profession or scientific and technological field. The object or content of the technology shall not violate the mandatory provisions and restrictive requirements of the relevant laws and regulations of the State.
Article 10 Where the subject matter of a technology contract involves a product technology that is subject to examination and approval by the relevant department or a production license prior to operation as prescribed by laws and regulations, the parties shall, after going through the relevant examination and approval procedures or the production license, apply for identification and registration with the text of the contract and the relevant approval documents.
Article 11 Registration shall not be granted under any of the following circumstances:
(1) the subject of the contract is unclear;
(2) The object of the contract is unclear and the technical content cannot be understood by the registrant;
(3) the contract price, remuneration, usage fee and other provisions are not clear;
(4) where the guarantee terms (deposit, mortgage, guarantee, etc.) of a technology contract are agreed upon as the conditions for the formation of the contract, and the guarantee obligations of the parties have not been performed at the time of application for recognition and registration;
(5) Either party restricts the other party from conducting new research and development on the basis of the technology subject to the contract;
(6) where one party obliges the other party to grant exclusively the scientific and technological achievements and intellectual property rights obtained through research and development on the basis of the subject matter of the contract;
(7) Either party restricts the other party from absorbing competing technologies from other channels;
(8) One party restricts the other party from exploiting the patent and using the technical secret according to market demand.
Article 12 Where a technology contract is applied for certification and registration, the parties agree that the carriers of the relevant technical achievements shall not exceed the reasonable quantity range.
The reasonable range of the number of carriers of technological achievements shall be determined according to the following principles:
(1) Technical documents (including technical schemes, product and process designs, engineering design drawings, test reports and other textual technical data), limited to the number of copies required for mastering the technology and necessary archiving;
(2) Software technology carriers such as disks and optical disks, new varieties of animals and plants (including genetically modified animals and plants), microbial strains, product technology such as samples and prototypes, and hardware technology carriers, limited to the amount required by the parties to conduct necessary tests and master and use the technology;
(3) Complete sets of technical equipment and test equipment are generally limited to 1-2 sets.
Chapter II Technology development contract
Article 13 A technology development contract is a contract concluded between the parties for the research and development of new technologies, new products, new processes, new materials, new varieties and their systems. Including commissioned development contract, cooperative development contract.
Article 14 Conditions for identification of technology development contracts:
(1) Having clear and specific objectives for scientific research and technological development;
(2) The subject matter of the contract is the technical proposal which was not available to the parties at the time of conclusion of the contract;
(3) The research and development work and its expected results have the corresponding technological innovation content.
Article 15 The following items conform to the provisions of Article 14 of these measures, belong to the technology development contract:
(1) Industrial development projects of small and pilot scale technological achievements;
(2) technological transformation projects;
(3) technical improvement items of complete sets of technical equipment and test equipment;
(4) Innovative development projects based on the introduction of technology and equipment digestion and absorption;
(5) Information technology research and development projects, including language systems, process control, management engineering, specific expert systems, computer-aided design, computer integrated manufacturing systems, etc., except software duplication and non-original programming;
(6) Projects for the development and utilization of natural resources;
(7) pollution control, environmental and ecological protection projects;
(8) Other transformation projects of scientific and technological achievements.
In the preceding paragraph, the general equipment maintenance, modification, routine design changes and existing technologies are directly applied to the production of products and do not belong to the technology development contract.
Article 16 The following contracts are not technology development contracts:
(1) The subject matter of the contract is the technical proposal already mastered by the parties, including the products, processes, materials and systems that have been industrially developed;
(2) The object of the contract is the modification of the product, the modification of the process and the adjustment of the material formula by simple alteration of the size, parameters and arrangement, or by alteration by similar technical means;
(3) The subject matter of the contract is general inspection, testing, appraisal, imitation and application.
Chapter III Technology transfer Contracts
Article 17 A technology transfer contract is a contract concluded between the parties concerning the assignment of a patent right, the assignment of the right to apply for a patent, the licensing of a patent and the assignment of a technical secret.
Article 18 Conditions for identification of a technology transfer contract:
(1) The subject matter of the contract shall be the technological achievements in the possession of the parties at the time of conclusion of the contract, including invention-creation patents, technical secrets and other intellectual property achievements;
(2) The object of the contract is complete and practical, and the relevant technical contents shall constitute a product, process, material, variety and technical scheme for its improvement;
(3) The parties have a clear agreement on the ownership of the intellectual property rights to the subject matter of the contract.
Contracts concluded in respect of technology import and export projects may be identified and registered with reference to technology transfer contracts.
Article 19 Contracts concluded by the parties concerning the transfer of the right to a new plant variety and the licensing of its implementation, the layout-design right of an integrated circuit, and the copyright transfer and licensing of computer software shall be recognized and registered according to the contract of technology transfer. Where the subject matter involves the right to apply for a patent, a patent right, a new plant variety right, a layout-design right of an integrated circuit, or a copyright in computer software, the parties shall submit a copy of the corresponding intellectual property rights certificate. Where there is no copy of the corresponding certificate or the relevant intellectual property rights have been terminated or declared invalid, the registration shall not be allowed.
Article 20 Where the subject matter of a technology contract for identification and registration is a technical secret, the technical secret shall also meet the following conditions:
(1) It is not known to the public;
(2) It can bring economic benefits to the right holder;
(3) It is practical;
(4) The right holder has adopted confidentiality measures.
The technical secret mentioned in the preceding paragraph may contain publicly known technical components or a combination of some publicly known technologies, provided that the whole or substantial part of the technical secret has been disclosed and can be directly obtained from public information channels, it shall not be deemed as a technology transfer contract.
Article 21 Where the subject matter of a technology contract applied for certification registration is knowledge, technology, experience and information that is in the public domain (such as patent rights or technological achievements whose relevant intellectual property rights have been terminated), or the assignment of technical secrets does not specify the right to use or ownership of the right to transfer, it shall not be deemed as a technology transfer contract.
Article 22 Where the subject matter of a technology contract for which an application for accreditation and registration is applied is only the transaction of new and high technology products and contains no technology transfer component, it shall not be deemed as a technology transfer contract.
Article 23 The transfer of technology within the territory shall be approved by the provincial science and technology administrative department, and the transfer of technology outside the territory shall be approved by the provincial Commerce Department.
Chapter IV Technical consulting contract
Article 24 A technical consulting contract is a contract concluded by one party to provide the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and valuation of a specific technical project.
Article 25 Conditions for determining a technical consulting contract:
(1) Consulting subject of a specific technical project as the object of the contract;
(2) Analysis, demonstration, evaluation and prediction by means of scientific knowledge and technical means;
(3) The results of the work are to provide scientific and technological consulting reports and opinions for the entrusting party.
Article 26 Where the following items conform to the provisions of Article 25, they are technical consulting contracts:
(1) Research on scientific development strategies and plans;
(2) Research on technology policy and technology route selection;
(3) Feasibility analysis of major engineering projects, research and development projects, transformation projects of scientific and technological achievements, important technological transformation and popularization projects of scientific and technological achievements, and preliminary technical analysis and demonstration of large and medium-sized construction projects;
(4) Technical evaluation of technological achievements, major projects and specific technical systems;
(5) Technical prediction of the development of specific technical fields, industries and professional technologies;
(6) Technical investigation, analysis and demonstration of regional and industrial scientific and technological development and innovation and specific technological projects;
(7) Comparison and selection of technical products, services, process analysis and technical solutions;
(8) Technical performance analysis of special facilities, equipment, instruments, devices and technical systems;
(9) Science and technology assessment and technology novelty search items.
Article 27 The following contracts are not technical consulting contracts:
(1) Contracts concluded for economic analysis, legal advice, demonstration, evaluation and investigation of social development projects;
(2) Contracts concluded for the provision of commercial information for the purchase of equipment, instruments, raw materials and supporting products;
(C) consulting, evaluation and other units of routine work, mandatory demonstration, analysis, evaluation of the contract concluded.
Chapter V Technical Service contract
Article 28 A technical service contract is a contract concluded by one party to solve a specific technical problem for the other party with its technical knowledge.
Article 29 Conditions for determining a technical service contract:
(1) The object of the contract is a service project that uses professional technical knowledge, experience and information to solve specific technical problems;
(2) The service content is to improve product structure, improve process flow, improve product quality, reduce product cost, save resources and energy consumption, protect resources and environment, achieve safe operation, improve economic and social benefits and other professional technical work;
(3) The work results have specific qualitative and quantitative indicators;
(4) The transfer of technical knowledge does not involve the ownership of patents, technical secret achievements or other intellectual property rights.
Article 30 Where the following items conform to the provisions of Article 29, and the professional technical project has clear technical problems and difficulties to solve, it is a technical service contract:
(a) product design services, including key parts, domestic accessories, special tooling and tooling design and design of non-standard equipment with special technical requirements, as well as other design to improve product structure;
(2) Process services, including process preparation with special technical requirements, process technical guidance in the trial production of new products, and improvement design of other process flows;
(3) Testing and analysis services, including testing and analysis of technical achievements with special technical requirements, testing and analysis of the performance of new products, new materials and new varieties of plants, and other non-standardized testing and analysis;
(4) Computer technology application services, including computer hardware, software, embedded systems, computer network technology application services, computer aided design system (CAD) and computer integrated manufacturing system (CIMS) promotion, application and technical guidance;
(5) Commissioning and technical guidance of new or complex production lines;
(6) Information processing, analysis and retrieval of specific technical items;
(7) technical services before, during and after production of agriculture, including technical services for the popularization of technological achievements, as well as related technical services for improving agricultural output and quality, developing new varieties, reducing consumption, and improving economic and social benefits;
(8) Formulation of technical standards for special products;
(9) Implant specific genes into animal or plant cells and carry out gene recombination;
(10) Qualitative and quantitative technical analysis of major accidents;
(11) Conducting qualitative and quantitative technical appraisal or evaluation for major scientific and technological achievements.
Where any item in the preceding paragraph falls within the scope of the parties' general daily business operations, it shall not be deemed as a technical service contract.
Article 31 The following contracts are not technical service contracts:
(1) Contracts for processing and contracts for survey, design, installation, construction and supervision of construction projects concluded by conventional means or for the purpose of production or business, such as general processing, ordering, repair, repair, advertising, printing, surveying and mapping, standardized testing, etc. With the exception of contracts concluded separately to solve complex and special technical problems through unconventional technical means.
(2) Contracts concluded in connection with the printing and copying of drawings, translation of materials, photography, etc.;
(3) Contracts concluded by metrological verification units for mandatory metrological verification;
(4) Contracts concluded by the physical and chemical testing and analysis unit for the purchase, sale, lease and user services of instruments and equipment.
Chapter VI Technical training contract and technology intermediary contract
Article 32 A technical training contract is a contract concluded by which one party entrusts another party to provide technical guidance and professional training for designated professional and technical personnel in a specific project.
The technical training contract is one of the technical service contracts, which should be registered separately according to the technical training contract when it is recognized and registered.
Article 33 Conditions for identification of technical training contracts:
(1) The main object of the contract is the transfer of professional technical knowledge of a specific technical project;
(2) The training objects are professional and technical personnel related to specific technical projects designated by the entrusting party;
(3) The content of technical guidance and professional training does not involve the transfer of relevant intellectual property rights.
Article 34 Where the content of technical training is involved in a contract for technology development or technology transfer, it shall be identified according to the technology development contract or technology transfer contract, and the content of technical training shall not be identified and registered separately.
Article 35 The following training and educational activities do not belong to technical training contracts:
(1) Training activities conducted by the party concerned on the professional quality, cultural learning and vocational skills of its employees;
(2) Training activities on the performance, function, use and operation of technical products for the purpose of selling such products.
Article 36 A technology intermediary contract is a contract whereby one party uses knowledge, technology, experience and information to enter into a technology contract with a third party for the other party, to contact, introduce, organize and develop the industrialization of technological innovation and scientific and technological achievements, and to provide specialized services for the performance of the contract.
Article 37 Conditions for the identification of a technology intermediary contract:
(1) The purpose of technology intermediary is to facilitate technology transactions between the entrusting party and a third party, and to realize the transformation of scientific and technological achievements;
(2) The content of the technology intermediary shall be specific technological achievements or technological projects;
(3) The intermediary shall meet the qualification requirements of the relevant technology intermediary of the State.
Article 38 A technology intermediary contract may be concluded in the following two forms:
(1) A separate contract concerning technology intermediary business concluded between the intermediary and the entrusting party;
(2) The relevant intermediary clause specifying the rights and obligations of the intermediary in the technology contract concluded between the entrusting party and the third party.
Article 39 Upon the application of a party, a technology intermediary contract may be recognized and registered together with the technology contract involved, or it may be recognized and registered separately.
Chapter VII Identification and registration
Article 40 The registration unit applies to the science and technology department for network users, obtains the user name and password, and enters the national network of technology contracts to fill in the relevant information of the contract; Submit the legally effective written contract (in duplicate) and related attachments, download (www.jlkjt.gov.cn) and fill in the Technical Contract Registration Certificate and Technical Contract Registration Form.
Article 41 The technology contract registration authority shall examine and confirm the contract text and related materials submitted by the parties, register and verify the technical income by classification, and issue the registration certificate of the technology contract to the parties.
Chapter VIII Verification of technology trading rewards (consulting fees)
Article 42 Technology trading rewards (consulting fees) are rewards and remuneration that legal persons and other organizations, in accordance with the relevant regulations of the State and in accordance with the technology contracts they conclude, are extracted from the income of technology development, technology transfer, technology consulting and technology services at a certain percentage and are paid to scientific and technological personnel who have made contributions to scientific and technological activities.
Article 43 For certified and registered contracts for technology development, technology transfer, technology consultation and technology service, a reward (consulting fee) shall be extracted at a proportion not exceeding 30% of the net income of the contract and used to reward the relevant scientific and technological personnel; For projects that transform scientific and technological achievements in the form of technology transfer, a reward (consulting fee) may be drawn at a proportion not less than 50% of the technology transfer costs to reward the scientific and technological personnel concerned.
Article 44 To apply for the withdrawal of technology trading rewards (consulting fees), it is necessary to submit the Registration Certificate of Technology Contract, the Approval Sheet of Technology Trading Rewards (consulting fees), the payment schedule of Technology Trading Rewards (consulting fees), copies of receipts and invoices, and relevant technical meeting notices or documents. The certification registration authority shall conduct examination and approval on the same day.
Article 45 The parties concerned shall truthfully reflect the situation of technology trading, and may not obtain technology trading rewards (consulting fees) under false contracts, and may not increase the proportion of withdrawals in a disguised way. The units that violate the regulations shall cease to handle the business of extracting technology trading rewards (consulting fees).
Chapter IX Supplementary Provisions
Article 46 When a contract certified and registered by the technology contract registration authority is modified, transferred or rescinded by consensus of the parties through consultation, or revoked or declared invalid by the relevant authority, the alteration registration or cancellation formalities shall be completed with the original technology contract registration authority. If the registration is changed, the technical income shall be re-approved; The relevant financial and tax authorities shall be notified in a timely manner of the alteration and cancellation of the registration of the conditions for enjoying the preferential tax policies.
Article 47 The provincial Science and Technology Department shall be responsible for the interpretation of these measures.
Article 48 These Measures shall go into effect as of the date of promulgation.
