1985.01.10
STATE COUNCIL OF CHINA
PROVISIONAL REGULATIONS OF THE STATE COUNCIL ON TECHNOLOGY TRANSFER
(Promulgated 10 January 1985 by the State Council)
These Regulations concerning technology transfer are formulated in
order to arouse the enthusiasm, initiative and creativity of staff
and workers, in particular scientific and technical personnel, to
bring about the rapid application of scientific and technical
research results and knowhow to material production, and to
effectively implement the policies of economic construction reliant
on science and technology and of the orientation of science and
technology to economic construction.
(1) Technical Commodities and the Technology Market
In the context of the socialist commodity economy,technology is
also a commodity. Units and individuals may all transfer technology
free of the restrictions of regional, departmental or economic
structure. The State has decided to open wide the technology marked
and to promote a flourishing of technology trade, in order to promote
the development of production.
With regard to any technology which assists the development of new
products, which raises product quality, reduces product cost,
improves operational management or leads to increased economic
benefit, the transferor and transferee may engage in technology
transfer in accordance with the principles of voluntary
participation and mutual benefit and agreement through
consultation. Technology which violates State Law, policy or
regulations shall not be transferred. The transfer of technology
which involves national security or the confidentiality of which is
demanded by the greater economic interest, shall be handled in
accordance with the relevant State regulations.
(2) Technology Transfer Fees
A technology transfer fee refers to the price for an item of
technology, following adjustment in the marked and consultation and
agreement between the two parties. It may be calculated as one
lump sum, as a fixed percentage of increased sales or profits
resulting from the implementation of the particular technology, or
calculated by another method agreed upon by the two parties.
With the consultation and agreement of the relevant parties
to the technology transfer, an intermediary (including a unit or
individual) who facilitates trade in an item of technology may
receive a reasonable remuneration.
(3) Technology Transfer Contracts
For the transfer of technology, the parties shall sign a
technology transfer contract which conforms to the "Economic
Contract Law of the People's Republic of China" and the relevant
provisions of other laws.
The following items shall be clarified in the contract [1] [2] [3] 下一页
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