1987.11.01
STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON TECHNOLOGY CONTRACTS
(Adopted at the 21st Meeting of the Standing Committee of the
Sixth National People's Congress on June 23, 1987, promulgated by
Order No.53 of the President of the People's Republic of China
on June 23, 1987, and effective as of November 1,1987)
CONTENTS
CHAPTER I GENERAL PROVISIONS
CHAPTER II THE CONCLUSION, PERFORMANCE, MODIFICATION AND
RESCISSION OF TECHNOLOGY CONTRACTS
CHAPTER III TECHNOLOGY DEVELOPMENT CONTRACTS
CHAPTER IV TECHNOLOGY TRANSFER CONTRACTS
CHAPTER V TECHNICAL CONSULTANCY CONTRACTS AND TECHNICAL SERVICE
CONTRACTS
CHAPTER VI ARBITRATION AND LITIGATION CONCERNING DISPUTES OVER
TECHNOLOGY CONTRACTS
CHAPTER VII SUPPLEMENTARY PROVISIONS
CHAPTER I GENERAL PROVISIONS
@@ Article 1. This Law is formulated with a view to
promoting the development of science and technology, enabling
science and technology to render better service to socialist
modernization, ensuring the lawful rights and interests of the
parties to technology contracts, and maintaining the order of
technology markets.
@@ Article 2. This Law shall apply to contracts concluded between
legal persons, between legal persons and citizens, and between
citizens for establishing relations of civil rights and
obligations with respect to technology development, technology
transfers, technical consultancy and technical services, but not
to contracts to which a foreign enterprise, organization or individual
is a party.
@@ Article 3. The conclusion of a technology contract must comply
with the laws and regulations, facilitate the progress of science
and technology, and accelerate the application and dissemination
of the achievements of science and technology.
@@ Article 4. The conclusion of a technology contract must adhere
to the principles of voluntariness and equality, mutual benefit and
compensation, and honesty and creditability.
@@ Article 5. If the contents of a technology contract
involve the security or vital interests of the state and need to be
kept confidential, the matter shall be dealt with in accordance with
the relevant provisions of the state.
@@ Article 6. Technological achievements obtained by a person in
carrying out a task of the unit to which he belongs or mainly
through using the technological and material means of such a
unit shall be job-related technological achievements. The right to
use or to transfer a job-related technological achievement shall
belong to the unit, which shall have the right to conclude
technology contracts concerning such a technological achievement.
The unit shall rew[1] [2] [3] [4] 下一页
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