Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (2015 Amendment)

Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (2015 Amendment) Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements (Adopted at the 19th Session of the Standing Committee of the Eighth National People's Congress on May 15, 1996, and amended according to the Decision on Amending the Law of the People's Republic of China on Promoting the Transformation of Scientific and Technological Achievements as adopted at the 16th Session of the Standing Committee of the Twelfth National People's Congress on August 29, 2015) Contents Chapter I General Provisions Chapter II Organization of Implementation Chapter III Guarantee Measures Chapter IV Technological Rights and Interests Chapter V Legal Liability Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 This Law is developed for purposes of promoting the transformation of scientific and technological achievements into real productive forces, standardizing such transformation, accelerating scientific and technological progress, and promoting economic and social development. Article 2 For the purpose of this law, “scientific and technological achievements” means the applicable achievements made through scientific research and technological development. “Job-related scientific and technological achievements” means the scientific and technological achievements made through completing the work tasks of research and development institutions, institutions of higher education, enterprises, and other entities or mainly utilizing the material and technical conditions of the aforesaid entities. For the purpose of this Law, “transformation of scientific and technological achievements” means the entire process of the follow-up tests, development, application, and promotion of the scientific and technological achievements, through to the final creation of new technologies, new techniques, new materials, and new products, as well as development of new industries -- all for the purpose of enhancing the level of productive forces. Article 3 The transformation of scientific and technological achievements shall be conducive to accelerating the implementation of innovation-driven development strategies, promoting the combination of technology and economy, improving economic returns and social benefits, protecting the environment, making rational use of resources, promoting economic construction and social development, and safeguarding national security. In the transformation of scientific and technological achievements, the market discipline shall be respected, the role of enterprises as main players shall be brought into play, the principles of free will, mutual benefit, fairness and good faith shall be followed, and interests shall be enjoyed and risks shall be borne in accordance with the provisions of laws and regulations and the contracts. Intellectual property rights involved in the transformation of scientific and technological achievements shall be protected by law. In the transformation of scientific and technological achievements, laws and regulations shall be observed, state interests shall be safeguarded, and no public interests or lawful interests of others shall be damaged. Article 4 The state shall reasonably arrange financial funds and direct investment of social funds for the transformation of scientific and technological achievements, to promote diversified capital investment in the transformation of scientific and technological achievements. Article 5 The State Council and local people's governments at all levels shall intensify synergy of policies on science and technology, public finance, investment, tax, talents, industry, finance, government purchase, and military and civilian integration, among others, to create a favorable environment for the transformation of scientific and technological achievements. Local people's governments at all levels may, under the principles specified herein and in light of actual conditions, adopt measures that are more conducive to promoting the transformation of scientific and technological achievements. Article 6 The state shall encourage the implementation of scientific and technological achievements firstly in China. Chinese entities or individuals that assign scientific and technological achievements to overseas organizations or individuals or license them to implement the scientific and technological achievements shall comply with the relevant laws and administrative regulations, and the relevant provisions of the state. Article 7 For 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 the law. Article 8 The administrative department of science and technology, the comprehensive economic administrative department, 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 the work of transforming scientific and technological achievements. The local people's governments at all levels shall be responsible for administering, guiding and coordinating the work of transforming scientific and technological achievements within their respective administrative regions. Chapter II Organization of Implementation Article 9 The State Council and the local people's governments at all levels shall incorporate the transformation of scientific and technological achievements into their national economic and social development plans, and organize and coordinate the transformation of the relevant scientific and technological achievements. Article 10 In utilizing financial funds to establish applicable science and technology projects and other relevant science and technology projects, relevant administrative departments and regulatory authorities shall improve the scientific research organization and management style, and, when developing relevant science and technology plans or planning, and developing project guidelines, solicit opinions of relevant industries and enterprises; and in organizing the implementation of applicable science and technology projects, they shall specify the obligations of project undertakers in transforming scientific and technological achievements, strengthen intellectual property rights management, and regard transformation of scientific and technological achievements, as well as creation and utilization of intellectual property rights as an important content and basis for project initiation and acceptance. Article 11 The state shall establish and improve the scientific and technological reporting rules and the scientific and technological achievements information systems, announce the implementation of science and technology projects, scientific and technological achievements, and relevant intellectual property right information to the public, and provide scientific and technological achievements information inquiry, screening, and other public services. No state secrets or trade secrets shall be disclosed in the announcement of relevant information. For the information not to be announced, relevant departments shall notify relevant science and technology project undertakers in a timely manner. Undertakers of science and technology projects established with financial funds shall, in accordance with the relevant provisions, submit relevant scientific and technical reports in a timely manner, and summarize and submit the scientific and technological achievements and relevant intellectual property right information to the information system of scientific and technological achievements. The state shall encourage undertakers of science and technology projects not established with financial funds to submit relevant scientific and technological reports, and summarize and submit the scientific and technological achievements and relevant intellectual property right information to the information system of scientific and technological achievements. Departments of the people's governments at or above the county level in charge of relevant work shall provide convenience thereto. Article 12 The state shall, through government purchase, subsidies for research and development, issuance of catalogue of industrial technology guidance, demonstration and popularization, and other ways, provide support to the following projects of transformation of scientific and technological achievements: (1) Projects that are able to significantly raise the industrial and technical level, increase economic results, or form new industries that are able to promote sound social and economic development. (2) Projects that are able to significantly improve national security ability and public safety level. (3) Projects that are able to rationally develop and utilize resources, save energy, reduce consumption, prevent and control environmental pollution, protect ecology, and improve the capacity of tackling climate changes and capacity of preventing and reducing disasters. (4) Projects that are able to improve people's livelihood and enhance the level of public health. (5) Projects that are able to promote the development of modern agriculture or rural economy. (6) Projects that are able to accelerate the social and economic development in areas inhabited by ethnic groups, remote and border areas, and poverty-stricken areas. Article 13 The state shall adopt appropriate policies and measures to promote and encourage the use of advanced technology, techniques and equipment, and to continuously improve, restrict the use of or eliminate backward technology, techniques and equipment. Article 14 The state shall strengthen standards preparation, develop national standards and industrial standards for new technologies, new techniques, new materials, and new products in a timely manner according to the law, actively participate in the development of international standards, and push forward the promotion and application of advanced applicable technologies. The state shall establish an effective military and civilian scientific and technological achievements mutual transformation system, and improve the collaborative innovation system and mechanism of defense-related science and technology. Priority shall be given to the adoption of advanced applicable standards for civil use according to the law for scientific research and production of military products, to promote the mutual transf......