ard the individuals who accomplished the
technological achievement on the basis of the proceeds realized
from the use and transfer of such an achievement.
The right to use and transfer a non-job-related technological
achievement shall belong to the individuals who accomplished it,
who shall have the right to conclude technology contracts
concerning such a non-job-related technological achievement.
Where application for a patent is filed or a patent right is granted
for a job-related or non-job-related technological achievement,
the relevant provisions of the Patent Law shall apply.
An individual who has accomplished a technological achievement
shall have the right to be named as such in the documents related to
the technological achievement and the right to receive certificates of
honour and awards.
@@ Article 7. The competent departments under the State Council
and the people's governments of provinces, autonomous regions or
municipalities directly under the Central Government shall, as
required by state interests or public interests, have the authority
to decide on the dissemination for wider application by
designated units of non-patent technological achievements that
are of great significance and belong to units owned by the whole
people within their system or under their administration. A unit using
such technological achievements shall commit itself to keep the
technological achievements confidential and shall pay a use fee
according to the agreement between the two parties. If the two
parties can not reach an agreement, the authorities that have made the
decision shall determine a reasonable use fee.
Non-patent technological achievements of collectively owned
units or individuals that are of great significance to state
interests or public interests and need to be applied on a wider
scale shall be handled by making reference to the provisions of
the preceding paragraph after the competent departments under the
State Council have obtained approval from the State Council.
@@ Article 8. The administrative authorities in charge of
technology contracts shall be specified by the State Council.
CHAPTER II THE CONCLUSION, PERFORMANCE, MODIFICATION AND
RESCISSION OF TECHNOLOGY CONTRACTS
@@ Article 9. The conclusion, modification and rescission of a
technology contract shall be conducted in written form.
@@ Article 10. A technology contract shall be formed once the
parties have signed their names and put their seals on it. Contracts
subject to approval by the relevant authorities pursuant to the
provisions of the state shall be formed upon such approval.
@@ Article 11. Parties to a technology contract may stipulate the
guaranty for the contr上一页 [1] [2] [3] [4] 下一页
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