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促進科技成果轉化法-資料下載頁

2025-08-22 09:41本頁面
  

【正文】 h the independent research and development of an enterprise or institution or through research and development of the enterprise or institution with the collaboration of another unit, is transformed successfully and is adopted in production, the unit or units shall take, for three to five years running, not less than five percent of the added profits from adoption of the achievement, that they are entitled to retain, to award persons who made important contributions to the scientific or technological achievement or to its transformation. In respect of the remunerations or rewards given to persons who made important contributions to research and development of scientific and technological achievements or their transformation, joint stock enterprises may convert them into shares or proportions of contribution to investment in accordance with relevant regulations of the State. The persons, as shareholders, shall draw proceeds on the strength of the shares they hold or their proportions of contribution to investment. Chapter V Legal Responsibility Article 31 Anyone who, in violation of the provisions of this Law, resorts to deception in transformation of scientific or technological achievements and thus gets an award or honorary title, fraudulent money or illegal profits, shall be ordered to put it right, the award and honorary title shall be annulled, the illegal gains confiscated, and a fine also imposed on him. If he causes economic losses to another, he shall bear civil liability for pensation in accordance with law. If a crime is constituted, criminal responsibility shall be investigated according to law. Article 32 Anyone who, in violation of the provisions of this Law, deliberately provides a false testing result or evaluation certificate after testing or evaluating a scientific or technological achievement shall be ordered to put it right and given a disciplinary warning, his illegal gains shall be confiscated, and the institution that arranged for the testing and the evaluation institution shall each be imposed with a fine. If the case is serious, the business license and qualification certificate shall be revoked. If economic losses are caused to another, civil liability for pensation shall be borne in accordance with law. Article 33 Employees of administrative departments for science and technology and other relevant departments of the people39。s governments at various levels who neglect their duties or practise irregularities for personal gain shall be given administrative sanctions。 if the case constitutes a crime, criminal responsibility shall be investigated in accordance with law. Article 34 Whoever, in violation of the provisions of this Law, usurps another39。s scientific or technological achievement by means of instigation, luring or coercion and thus encroaches upon the rights and interests of that person shall bear civil liability for pensation in accordance with law and may be imposed with a fine. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with law. Article 35 If, in violation of the provisions of this Law, an employee who, without permission of his unit, discloses the technical knowhow of the unit or, without authorization, transfers or does so in disguised form the scientific or technological achievement made while holding a position in the unit, or if a person who took part in the transformation of a scientific or technological achievement, running counter to the agreement reached with his unit, engages in transforming the same scientific or technological achievement as that of his unit during the agreed period of time after leaving office or retiring shall bear legal responsibility in accordance with relevant regulations. Article 36 If in the exchange of technologies the intermediate institution that serves as an agent or provides intermediary services or the broker deceives the client or colludes with one party to deceive another party, it or he shall be ordered to put it right, given a disciplinary warning and, in addition to bearing civil liability for pensation in accordance with law, the illegal gains shall be confiscated and a fine imposed. If the case is serious, the business license and qualification certificate shall be revoked in accordance with law. If the case constitutes a crime, criminal responsibility shall be investigated in accordance with law. Chapter VI Supplementary Provisions Article 37 This Law shall go into effect as of October 1, 1996. 8
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