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促進科技成果轉(zhuǎn)化法(參考版)

2024-09-02 09:41本頁面
  

【正文】 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。 the said employees may not, in violation of what is agreed on, disclose the technical knowhow of their own units or engage in transforming the same scientific or technological achievement as that of their own units. No employees may transfer, without authorization, the scientific or technological achievements they made while holding positions in their units or do so in disguised form. Article 29 When transferring a scientific or technological achievement made by employees while holding positions in a unit, the unit shall take not less than 20 percent of the net ine, obtained from transfer of the achievement, to award persons who made important contributions to the scientific or technological achievement or to its transformation. Article 30 If a scientific or technological achievement, that is made through 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。 consent shall have to be obtained from both parties in collaboration for transfer of the said achievements. Article 27 When a unit, that made scientific and technological achievements, and another unit collaborate to transform the achievements, both parties shall reach an agreement on protection of the technical knowhow。 (2) Where inventions or creations ensue from collaborated transformation of a scientific or technological achievement, the rights and interests related to the inventions or creations shall belong to both parties in collaboration。 and (4) providing allround services in support of transforming hightechnology achievements and establishing enterprises for the transformation. Capital construction of the bases and institutions mentioned in the preceding paragraph shall have to be approved by the relevant department under the Sate Council and the people39。 (2) engaging in ancillary development and technical innovation for the systematization and engineering of scientific and technological achievements in different areas or trades to serve the munity。 (3) trading in technologies。 it
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