1984.02.08
GUANGDONG PROVINCE
INTERIM PROVISIONS ON TECHNOLOGY IMPORTS IN THE SHENZHEN SPECIAL
ECONOMIC ZONE
(Ratified by the Fifth Session of the Standing Committee of the
Sixth People's Congress of Guangdong Province on January 11, 1984 and
promulgated by the People's Government of Guangdong Province on
February 8, 1984)
@@ Article 1. These Interim Provisions are formulated in
accordance with the pertinent laws and decrees of the People's
Republic of China and the "Regulations of the People's Republic of
China on Special Economic Zones of Guangdong Province".
@@ Article 2. These Interim Provisions are applicable to the
technology imports by enterprises, undertaking units and other
economic organisations (hereinafter referred to as the "receiver")
in the Shenzhen Special Economic Zone (hereinafter referred to as
the "special zone") from foreign enterprises, other economic
organisations or individuals (hereinafter referred to as the
"supplier").
@@ Article 3. The persons concerned in technology imports must
observe the laws and decrees of the People's Republic of China and
their legitimate rights and interests are protected by the laws of
the People's Republic of China.
@@ Article 4. The persons concerned in technology imports must
sign a contract on the technology transfer (hereinafter referred
to as the "contract"). In signing the contract, the principles of
equality, mutual benefit and reaching unanimity through consultations
must be implemented.
@@ Article 5. The imported technology must be applicable,
advanced and characteristic of tangible economic results. It includes:
(1) Technology which has won effective patent rights;
(2) Technology for which patent rights have been applied; and
(3) Technological inventions.
@@ Article 6. When such advanced technology is imported, the
persons concerned on both sides should apply to the taxation
office and land management department in Shenzhen City for
preferential treatment by presenting the certificates issued by
the Scientific and Technological Development Centre of Shenzhen
City and the pertinent scientific research institutes of the State.
After ratification, they shall achieve special preferential treatment
in the fields of taxation and land use fees in accordance with the
relevant regulations of the special zone.
@@ Article 7. When technology which has won patent rights is
transferred, the supplier shall provide the receiver with the
manual of the patent rights and patent rights certificate. The
certificate for the transfer of patent rights should also be presented
at the same time if it is available.
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