Regulations of Shaanxi Province on Promoting the Transformation of Scientific and Technological Achievements (revised 20 17)

Chapter I General Provisions Article 1 In order to promote the transformation of scientific and technological achievements into practical productive forces, standardize the transformation activities of scientific and technological achievements, accelerate the implementation of the innovation-driven development strategy, and promote economic construction and social development, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements and relevant laws and administrative regulations, and in combination with the actual situation of this province. Article 2 These Regulations shall apply to the transformation of scientific and technological achievements and related activities within the administrative area of this province. Article 3 The transformation of scientific and technological achievements should respect scientific and technological innovation and market rules, give full play to the main role of enterprises and the guiding role of the government, embody the orientation of knowledge value distribution, follow the principles of voluntariness, mutual benefit, fairness, honesty and credit, strengthen the protection of intellectual property rights, and safeguard the legitimate rights and interests of all parties involved in the transformation of scientific and technological achievements. Article 4 The people's governments at or above the county level shall incorporate the transformation of scientific and technological achievements into the national economic and social development plan, strengthen policy coordination in science and technology, education, finance, investment, taxation, talents, industry, finance, information, state-owned assets supervision, integration of defense and civilian technologies, intellectual property rights and government procurement, and establish a coordination mechanism to create a good environment for the transformation of scientific and technological achievements. Article 5 The administrative department of science and technology of the people's governments at or above the county level shall, in accordance with their duties, be responsible for managing, guiding, coordinating and serving the transformation of scientific and technological achievements within their respective administrative areas.

Other relevant departments of the people's governments at or above the county level shall strengthen cooperation within the scope of their respective duties and be responsible for the transformation of scientific and technological achievements. Article 6 The people's governments at or above the county level and their relevant departments shall commend and reward the units and individuals that have made outstanding contributions in the transformation of scientific and technological achievements. Chapter II Organization and Implementation Article 7 The administrative department of science and technology shall, jointly with relevant departments, formulate a work plan for the transformation of scientific and technological achievements in accordance with the industrial policies of the state and this province and the local national economic and social development plan, regularly publish a catalogue of scientific and technological achievements, a guide to scientific and technological achievements transformation projects and supply and demand information of key scientific and technological achievements transformation projects, and guide the transformation activities of scientific and technological achievements. Article 8 The provincial administrative department of science and technology shall, jointly with other relevant departments, establish a unified scientific and technological reporting system and information system of scientific and technological achievements, standardize information collection, processing and service activities of scientific and technological achievements, and provide public welfare services such as information inquiry and screening of scientific and technological achievements to the society according to law, except those involving state secrets and commercial secrets.

Encourage the undertakers of scientific and technological projects established with non-financial funds to submit relevant scientific and technological reports, and submit scientific and technological achievements and related intellectual property information to the scientific and technological achievements information system, and the relevant departments shall provide convenience for them; Scientific and technological reports can be used as a reference for relevant departments to identify their research and development activities and enjoy preferential fiscal and taxation policies. Article 9 Research and development institutions and institutions of higher learning established by the state shall strengthen the management, organization, coordination and service of the transformation of scientific and technological achievements, establish a management system for post-service scientific and technological achievements, and specify the contents of registration and filing, transformation implementation, disposal and distribution, organizational guarantee and objection handling. Article 10 Research and development institutions and institutions of higher learning established by the state may decide on their own or authorize the creators of scientific and technological achievements to transfer, license or invest in their scientific and technological achievements at a fixed price, except those involving state secrets and national security, and do not need to report to the relevant competent authorities for approval or filing; However, the price should be determined through agreement pricing, listing in the technology trading market, auction, etc.

If the price of scientific and technological achievements is determined by agreement, the person who completed the scientific and technological achievements may preside over the public inquiry. After the transaction price is determined, the information such as the name of scientific and technological achievements, the content summary, the transformation method and the proposed transaction price shall be publicized in the unit, and the procedures and methods for handling objections shall be clear and open. If the transferee is the person who completed the post-related scientific and technological achievements or an interested party, it shall be indicated.

If scientific and technological achievements are transformed in the technology trading market by listing, auction, etc., the benchmark price can be determined by public inquiry. Article 11 Research and development institutions and institutions of higher learning established by the state shall determine the prices of scientific and technological achievements through listing and auction in the technology trading market, or determine the prices through agreement, and publicize them in their own units in accordance with regulations. If the person in charge of the unit has done his duty of diligence and has not sought illegal benefits, he will not bear the decision-making responsibility arising from the subsequent price changes caused by the transformation of scientific and technological achievements.

If the person in charge of the unit implements the transformation of scientific and technological achievements in accordance with laws and regulations and the rules and regulations formulated by the unit according to law, and has fulfilled the democratic decision-making procedures, reasonable care obligations and supervision and management responsibilities, it shall be regarded as having fulfilled the obligation of diligence. Twelfth research and development institutions and institutions of higher learning established by the state have not been transformed for two years since the date of completion of their scientific and technological achievements, and they still have the value and conditions for transformation, and can be transformed in the following ways:

(a) scientific and technological achievements can be transformed according to the agreement with the unit, and the income will be returned to the unit according to the agreement; If there is no agreed income in the agreement, it shall withdraw 10% from the net income of transformation every year for three consecutive years from the date of successful profit and return it to the unit.

(two) the completion of scientific and technological achievements has not reached an agreement with the unit, the state-owned assets management department or other administrative departments can organize the implementation of the transformation through listing and auction. Thirteenth people's governments at or above the county level and relevant departments should establish a technological innovation system with enterprises as the main body, market-oriented and closely integrated with Industry-University-Research, and give play to the leading role of enterprises in the selection of research and development direction, project implementation and application of results. Science and technology projects with market application prospects established with financial funds can be organized and implemented by enterprises.