1989.03.15
STATE SCIENTIFIC & TECHNOLOGICAL COMMISSION
IMPLEMENTING REGULATIONS OF THE LAW OF TECHNOLOGY CONTRACTS OF THE
PEOPLE'S REPUBLIC OF CHINA
(Approved by the State Council of the People's Republic of China on
February 15, 1989, and Promulgated by Decree No. 4 of the State Science
and Technology Commission on March 15, 1989)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II SIGNING, IMPLEMENTATION, ALTERATION AND TERMINATION OF
TECHNICAL CONTRACTS
CHAPTER III TECHNOLOGY DEVELOPMENT CONTRACT
CHAPTER IV TECHNOLOGY TRANSFER CONTRACT
CHAPTER V TECHNICAL CONSULTATION CONTRACT
CHAPTER VI TECHNICAL SERVICE CONTRACT
CHAPTER VII ARBITRATION AND LEGAL PROCEDURE FOR SETTLING DISPUTES OVER
TECHNICAL CONTRACT
CHAPTER VIII MANAGEMENT OF TECHNICAL CONTRACTS
CHAPTER IX SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
Article 1 The regulations are formulated in compliance with the
provisions of Article 54 of The Law Technical Contracts of the People's
Republic of China (hereinafter referred to as "Technical Contract Law").
Article 2 "Legal persons" referred to in Article 2 of the Technical
Contract Law means corporate bodies of government institutions, people's
organizations and enterprises.
"Citizens" referred to in the same article mean those who hold the
citizenship of the People's Republic of China.
Joint venture partners and other economic organizations of a legal
person may conclude technical contracts as a party.
Article 3 "Technical results" referred to in the Technical Contract Law
mean technical schemes for products, technological processes, materials
and the improvement upon them, worked out by using scientific and
technological knowledge, information and experiences.
Article 4 "The tasks performed for one's unit" referred to in Article 6
of the Technical Contract Law mean:
(1) research projects and technological development undertaken by on-
the-job personnel within a work unit or the duties on the posts; or
(2) research projects and technological development undertaken by people
within one year after their retirement or transference to other jobs or
the duties they perform on their original posts.
"The material and technical conditions" referred to in Article 6 of the
Technical Contract Law mean funds, equipment, supplies, and technical
information and data not yet made public provided by a unit. But the
material and technical conditions which are repaid in money or in user
charge according to agreement are not included.
The technical results achieved by a person who is transferred from one
unit to another should reasonably be shared by the two units if the
research project be[1] [2] [3] [4] [5] [6] [7] 下一页
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