Law of the People's Republic of China on Scientific and Technological Progress (2007 Revision)

Law of the People's Republic of China on Scientific and Technological Progress (2007 Revision) Order of the President of the People's Republic of China (No.82) The Scientific and Technological ProgressLaw of the People's Republic of Chinawas amended and adopted at the 31st Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007, and the amendedScientific and Technological ProgressLaw of the People's Republic of Chinais hereby promulgated and shall come into force as of July 1, 2008. President of the People's Republic of China: Hu Jintao December 29, 2007 Scientific and Technological ProgressLaw of the People's Republic of China (Adopted at the 2nd Session of the Standing Committee of the Eighth National People's Congress on July 2, 1993, and amended at the 31st Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2007) Table of Contents Chapter I General Provisions Chapter II Scientific Research, Technological Development, and Application of Science and Technology Chapter III Technological Progress of Enterprises Chapter IV Scientific and Technological Research and Development Institutions Chapter V Science and Technology Personnel Chapter VI Protection Measures Chapter VII Legal Liabilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted according to the Constitution with a view to promoting scientific and technological progress, bringing into play the role of science and technology as the primary productive force, and promoting the transformation of scientific and technological achievements into real productive force and promoting science and technology to better serve our economic construction and social development. Article 2 The state will adhere to the scientific outlook on development, implement the strategy of rejuvenating the country through science and education, practice the science and technology guidelines of making independent innovations and “leapfrog” advances in key areas of science and technology as well as supporting and guiding future development, construct the national innovation system, and build an innovation-oriented country. Article 3 The State will protect the freedom of scientific and technological research and development, encourage scientific exploration and technological innovation, and protect the legitimate rights and interests of science and technology personnel. The whole society shall respect labor, knowledge, talented people and innovation. Schools and other educational institutions shall adhere to linking theory with practice, and cultivate the ability of educatees to think independently, to practice and to innovate as well as their scientific spirits of pursuing truth, advocating innovation and seeking truth from facts. Article 4 The economic construction and social development shall rely on science and technology, and the scientific and technological progress shall serve economic construction and social development. The state will encourage scientific and technological research and development, and promote the application of science and technology to innovate traditional industries and develop high-tech industries and social undertakings. Article 5 The state will promote the popularization of science and technology, popularize scientific and technological knowledge, and raise the scientific and cultural qualities of the whole citizens.The state will encourage government organs, enterprises, public institutions, social groups and citizens to participate in and support scientific and technological progress. Article 6 The state will encourage the combination among scientific and technological research and development, higher education and industrial development; and encourage the integration and mutual promotion among natural science, human science and social science. The state will strengthen the scientific and technological cooperation among different regions, different industries and different fields; and support the scientific and technological progress of ethnic minority areas, remote areas and poor areas. The state will strengthen the connection and coordination between science and technology plans for military and civilian purposes, promote mutual exchange between military and civilian scientific and technological resources and military and civilian technological development demands as well as the mutual transfer of technology, and develop the dual-use technology. Article 7 The state will formulate and implement the intellectual property strategy, establish and improve the intellectual property system, create a social environment of respecting intellectual property, protect intellectual property according to law, and encourage independent innovation. Enterprises, public institutions as well as science and technology personnel shall reinforce the awareness of intellectual property, strengthen the capability of independent innovation, and enhance the capability to utilize, protect and manage the intellectual property. Article 8 The state will establish and improve the science and technology evaluation system that is good for independent innovation. The science and technology evaluation system shall implement classified evaluation in light of the characteristics of different scientific and technological activities and according to the principle of fairness, equity and openness. Article 9 The state will add treasury money, formulate policies for industries, taxation, finance and government procurement, etc., encourage and guide the input of social funds, and promote the continuous and stable growth of science and technology research and development funds in the whole society. Article 10 The State Council will lead the work of scientific and technological progress across the country, formulate the scientific and technological development plans, determine major national science and technology projects, major projects closely relating to science and technology, and guarantee the coordination among scientific and technological progress, economic construction and social development. The local people's governments at various levels shall take effective measures to promote scientific and technological progress. Article 11 The administrative department of science and technology under the State Council shall be responsible for the macro management and overall coordination of the work of scientific and technological progress across the country; and other relevant departments under the State Council shall be responsible for the work of scientific and technological progress within the scope of their respective duties. The administrative department of science and technology under the local people's government at or above the county level shall be responsible for the work of scientific and technological progress within its own jurisdiction; and other relevant departments under the local people's government at or above the county level shall be responsible for the work of scientific and technological progress within the scope of their respective duties. Article 12 The state will establish the coordination mechanism of scientific and technological progress to study major problems existing in the work of scientific and technological progress, coordinate the establishment of the projects supported by national science and technology foundation or national science and technology programs and the relevant mutual connection work, and coordinate such significant matters as the allocation of scientific and technological resources for military and civilian purposes, the integration of scientific and technological research and development institutions, as well as the combination among scientific and technological research and development, higher education and industrial development. Article 13 The state will improve the scientific and technological decision-making rules and procedures, set up a normalized consultancy and decision-making mechanism, and promote the scientific and democratic decision making. Opinions of the science and technology personnel shall be fully heeded and the scientific decision shall be made at the time of formulating scientific and technological development plans and significant policies or determining major science and technology projects or major projects closely relating to science and technology. Article 14 The Government of the People's Republic of China will promote scientific and technological cooperation and exchanges with foreign governments and international organizations, and encourage scientific and technological research and development institutions, institutions of higher learning, science and technology personnel, social organizations of science and technology, enterprises and public institutions to carry out international scientific and technological cooperation and exchanges. Article 15 The state will set up the science and technology awarding system to reward the organizations and individuals that have made outstanding contributions to scientific and technological progress. Specific measures shall be formulated by the State Council. The state will encourage domestic and overseas organizations or individuals to set up science and technology awards to reward those that have promoted scientific and technological progress. Chapter II Scientific Research, Technological Development and Application of Science and Technology Article 16 The state will establish the Natural Science Fund to subsidize the basic research and frontier scientific exploration, and train scientific and technological talents. The state will establish the Innovation Fund for Small and Medium S&T Businesses to subsidize technological innovation of medium and small-sized enterprises. When necessary, the state may establish any other funds to subsidize the scientific and technological progress. Article 17 An entity or individual may enjoy taxation preferences according to the relevant provisions of the state when: 1. Engaging in technological development, technology transfer, technological consultancy or technological services; 2. Importing the supplies for scientific research or technology development that can not be produced at home or the performances of relevant supplies produced at home can not meet the needs; 3. Importing key equipment, raw materials, parts and components, which can not be produced at home, in order to enforce national major science and technology special projects or major projects supported by national science and technology programs; or 4. Carrying out other kind of scientific research, technological development or application of science and technology as stipulated by the laws or the relevant provisions of the state. Article 18 The state will encourage financial institutions to carry out the intellectual property pledge business, encourage and guide financial institutions to support the application of science and technology and the development of high-tech industries from the aspect of loans, etc., and encourage insurance institutions to develop new insurance products in light of the needs for the development of high-tech industries. Policy financial institutions shall, within the scope of their respective businesses, give the priority of financial services to the application of science and technology and the development of high-tech industries. Article 19 The state will follow the principle of combining the scientific and technological services for national objects with the encouragement of free exploration, make advance arrangement for and develop basic research, frontier technological research and social welfare technological research, and support the continuous and stable development of basic research, frontier technology research and social welfare technological research. Scientific and technological research and development institutions, institutions of higher learning, enterprises, public institutions and citizens shall be entitled to independently select topics for basic research, frontier technology research and social welfare technology research. Article 20 With respect to the invention patent, computer software copyright, exclusive right to layout-design of integrated circuits and new variety right of plant that is formed through a project supported by the science and technology foundation or the science and technology program sponsored by treasury money, the project undertaker may obtain relevant intellectual property rights except those concerning national security, national interests or important public interests. The project undertaker shall implement the intellectual property rights stipulated in the preceding paragraph according to law, simultaneously adopt protective measures, and submit an annual report on implementing and protecting relevant intellectual property rights to the department in charge of the project; if the project undertaker fails to implement intellectual property rights, the state may implement them free of charge or may license others to implement them with charge or free of charge. With respect to the intellectual property rights obtained by the project undertaker according to Paragraph 1 of this Art......