中华人民共和国促进科技成果转化法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON PROMOTING THE TRANSFORMATION OF SCIENTIFIC

（Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15， 1996 and promulgated by Order No. 68 of the President of the People's Republic of China on May 15， 1996）
颁布日期：19960515 　实施日期：19961001 　颁布单位：全国人大常委会

　　Contents

　　Chapter I General Provisions

　　Chapter II Organization and Implementation

　　Chapter III Guarantee Measures

　　Chapter IV Right of Technology

　　Chapter V Legal Liability

　　Chapter VI Supplementary Provisions

　　Chapter I General Provisions

　　Article 1 This Law is enacted for the purposes of promoting the transformation of scientific and technological achievements into actual productive forces， regulating activities of such transformation， accelerating the progress of science and technology and expediting economic construction and social development.

　　Article 2 “Transformation of scientific and technological achievements” referred to in this Law means activities of conducting follow-up experiments， development， application and popularization of scientific and technological achievements of practical value， which have been made through scientific research and technological development， thereby developing new products， new techniques and new materials and forming new industries in order to raise the level of productive forces.

　　Article 3 Transformation of scientific and technological achievements should help improve economic and social results， protect environment and resources， and promote economic construction， social development and national defence construction.

　　Transformation of scientific and technological achievements should be based on the principles of voluntariness， mutual benefit， fairness， honesty and credibility. Profits and risks arising therefrom shall be shared according to laws or terms of contract. Intellectual property rights related to the transformation of scientific and technological achievements shall be protected by law.

　　Whoever engages in the transformation of scientific and technological achievements should abide by laws and maintain state interests， and may not infringe upon social and public interests.

　　Article 4 The administrative department in charge of science and technology， the planning department， the comprehensive economic administration department and other competent administrative departments under the State Council shall manage， guide and coordinate the work for transformation of scientific and technological achievements within their respective limits of functions as specified by the State Council.

　　Local people's governments at various levels shall be in charge of the management， guidance and coordination of the work for transformation of scientific and technological achievements within their respective administrative areas.

　　Chapter II Organization and Implementation

　　Article 5 The State Council and local people's governments at various levels should incorporate the transformation of scientific and technological achievements into the plan for national economy and social development， and should organize， coordinate and carry out such transformation of scientific and technological achievements.

　　Article 6 Competent departments under the State Council and people's governments of provinces， autonomous regions and municipalities under the central government shall periodically promulgate catalogues of scientific and technological achievements， as well as guides to major transformation projects for scientific and technological achievements， and shall give priority to the implementation of the following projects：

　　（1） those which can obviously raise the level of industrial technology and improve economic results；（2） those which can develop a large-scale industry and are competitive on the international market；

　　（3） those which can rationally

develop and exploit resources， economize on energy， reduce the consumption and prevent and control environmental pollution；

　　（4） those which can develop an agriculture of high yield， high quality and high efficiency and promote the economic development in rural areas； or

　　（5） those which can accelerate the social and economic development in minority nationality regions， remote border areas and poverty-stricken areas.

　　Article 7 The state institutes policies and takes measures in order to advocate and encourage the adoption of advanced technology， techniques and equipment， and to improve constantly， restrict the use of or eliminate backward technology， techniques and equipment.

　　Article 8 For the implementation of major transformation projects for scientific and technological achievements organized by people's governments at various levels， open tenders may be invited by the departments concerned. The departments concerned shall provide the unit who has won the tender with financial support and other conditions stated at the time of inviting the tender.

　　Article 9 The holders of scientific and technological achievements may carry out the transformation of their achievements by any of the following means：

　　（1） carrying out such transformation with their own investment；

　　（2） transferring the scientific and technological achievements to others；

　　（3） authorizing others to exploit the scientific and technological achievements；

　　（4） using the scientific and technological achievements as the conditions for cooperating with others in carrying out the transformation； or

　　（5） making investment in the form of scientific and technological achievements at their appraised value， which may be converted into shares or capital contributions.

　　Article 10 For the purposes of adopting new technology， new techniques or new materials， or producing new products， enterprises may publish news by themselves or commission technological trade intermediary institutions to collect scientific and technological achievements they need， or to seek cooperators in the transformation of scientific and technological achievements.

　　Article 11 Enterprises have the statutory right to carry out the transformation of scientific and technological achievements whether independently or in collaboration with enterprises or institutions or other cooperators from home or abroad.

　　Through fair competition， enterprises may， independently or in collaboration with other units， undertake those projects for scientific research and technological development and for transforming scientific and technological achievements which the implementation is organized by governments.

　　Article 12 The state encourages such institutions as research and development institutions and higher learning bodies to cooperate with producing enterprises in carrying out the transformation of scientific and technological achievements.

　　Such institutions as research and development institutions and higher learning bodies may send in tenders for the transformation of scientific and technological achievements at the invitation of government departments concerned or enterprises.

　　Article 13 The state encourages agricultural research institutions and agricultural experiment and demonstration units to carry out the transformation of agricultural scientific and technological achievements independently or in collaboration with other units.

　　For the purpose of promoting the transformation of their own scientific and technological achievements， agricultural research institutions may trade in good varieties which they have studied and developed independently or in collaboration with other units and have undergone the examination and approval.

　　Article 14 For a job-related scientific and technological achievement of practical value， which has been made by as tate

-maintained research and development institution or a higher learning body， if such a unit fails to carry out the transformation of the achievement in time， persons who have accomplished the achievement and other participants in the work may carry out the transformation of the achievement according to an agreement concluded with the unit to which they belong and enjoy the interests as agreed upon， but they are not allowed to change the ownership over the job-related scientific and technological achievement. The unit should give support to the transformation of the scientific and technological achievement.

　　Persons who have accomplished a job-related scientific and technological achievement or the person in charge of are search subject may not hinder the transformation of the job-related scientific and technological achievement， and may not infringe upon legitimate interests of the unit by appropriating the job-related scientific and technological achievement and relevant technical data.

　　Article 15 A unit which has made a scientific and technological achievement， a unit which is responsible for the transformation and a unit which intends to make investment in the transformation should conclude a contract to stipulate for rights and risks shared among the parties before they start cooperation in follow-up experiments， development， application， manufacture and management of the scientific and technological achievement.

　　Article 16 Testing and evaluating scientific and technological achievements in the transformation activities must be based on the principles of fairness and objectivity. It is prohibited to provide false testing results or false evaluation certificate.

　　Where state-maintained research and development institutions or high learning bodies， or state-owned e

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