Regulations of Beijing Municipality on Promoting the Transformation of Scientific and Technological Achievements

Chapter I General Provisions Article 1 In order to promote the transformation of scientific and technological achievements, standardize the transformation activities of scientific and technological achievements, implement the innovation-driven development strategy, accelerate the construction of a national scientific and technological innovation center with global influence, and promote high-quality economic development and social progress, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Promoting the Transformation of Scientific and Technological Achievements and other relevant laws and administrative regulations, and combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the transformation of scientific and technological achievements and related activities within the administrative area of this Municipality. Article 3 The transformation of scientific and technological achievements should respect the laws of scientific and technological innovation and market economy, give full play to the roles of enterprises, R&D institutions, institutions of higher learning and transformation service institutions, follow the principles of voluntariness, mutual benefit, fairness, honesty and credibility, strengthen the protection of intellectual property rights, and stimulate the vitality of innovation and entrepreneurship in the whole society. Article 4 The municipal and district people's governments shall strengthen their leadership over the transformation of scientific and technological achievements, incorporate the transformation of scientific and technological achievements into the national economic and social development plans and plans, organize the formulation of relevant policies and measures and supervise their implementation.

This Municipality shall establish and improve the deliberation and coordination mechanism for the transformation of scientific and technological achievements, study and coordinate major issues in the transformation of scientific and technological achievements, formulate objectives and measures for the transformation of scientific and technological achievements, and supervise their implementation. Fifth municipal science and technology departments shall, in accordance with their duties, do a good job in the management, guidance, coordination and service of the transformation of scientific and technological achievements.

Municipal development and reform, education, economy and informatization, finance, human resources and social security, talent work, agriculture and rural areas, health, state-owned assets, local financial supervision, intellectual property and other departments shall, according to their respective responsibilities, do a good job in the transformation of scientific and technological achievements. Article 6 This Municipality shall create a favorable environment conducive to the transformation of scientific and technological achievements, and attract domestic and foreign scientific and technological achievements to gather, transform and trade in this Municipality; Actively promote the coordinated innovation and development of Beijing, Tianjin and Hebei, and strengthen cooperation with Tianjin and Hebei in the sharing of scientific and technological innovation resources and the transformation of scientific and technological achievements; Actively promote the cooperation between the central and local governments, strengthen the docking with the scientific and technological resources of the central units, establish and improve the communication and coordination mechanism, and support the transformation and industrialization of scientific and technological achievements of the central units in this city. Article 7 The municipal and district people's governments shall, in accordance with the relevant provisions of the state and this Municipality, commend and reward organizations and individuals that have made outstanding contributions to the transformation of scientific and technological achievements. Chapter II Rights and Interests of Achievements Article 8 This Municipality shall establish and improve the distribution mechanism of rights and interests of scientific and technological achievements oriented by knowledge appreciation, actively promote the ownership reform of post scientific and technological achievements, and respect, safeguard and guarantee the legitimate rights and interests of all parties involved in the transformation of scientific and technological achievements. Article 9 R&D institutions and institutions of higher learning established by the government may give all or part of their legally acquired intellectual property rights of post-service scientific and technological achievements and other rights such as the use, transfer and investment of post-service scientific and technological achievements without intellectual property rights, and at the same time agree on the income distribution method of the transformation of scientific and technological achievements of both parties.

The circumstances specified in the preceding paragraph shall not harm national security, national interests and social interests. Article 10 R&D institutions and institutions of higher learning established by the government can independently decide the transformation of their scientific and technological achievements, and do not need approval or filing except those involving state secrets and national security; You can decide whether to conduct asset appraisal. The income from the transformation of scientific and technological achievements belongs to the unit. Eleventh government-established R&D institutions and institutions of higher learning hold the post-related scientific and technological achievements, under the premise of not changing the ownership, the person who completed the scientific and technological achievements may sign an agreement with the unit to implement the transformation according to law.

If a unit fails to organize the transformation for more than one year without justifiable reasons after registering its own scientific and technological achievements, the person who completed the scientific and technological achievements may invest and implement the transformation by himself or in cooperation with others, and the unit shall support and cooperate with the transformation activities of the person who completed the scientific and technological achievements. Twelfth scientific and technological achievements after the completion of the transformation of scientific and technological achievements held by the unit, the unit shall reward those who have made important contributions to the completion and transformation of scientific and technological achievements.

Units may stipulate in accordance with the law or agree with scientific and technical personnel on the way, amount and duration of rewards and remuneration. If the unit has no provisions or agreements on scientific and technological personnel, it shall be implemented in accordance with the Law of People's Republic of China (PRC) Municipality on Promoting the Transformation of Scientific and Technological Achievements.

R&D institutions and institutions of higher learning established by the government may reward those who have made important contributions to the completion and transformation of this scientific and technological achievement according to the following standards:

(a) transfer, license others to implement the post of scientific and technological achievements, from the transfer of scientific and technological achievements of net income or net income of not less than 70%;

(two) the use of post scientific and technological achievements for investment, the scientific and technological achievements of the shares or investment ratio of not less than 70%;

(3) If the post scientific and technological achievements are transformed by themselves or in cooperation with others, after the transformation is successfully put into production, not less than 5% of the operating profit of the transformation of the scientific and technological achievements shall be extracted every year for five consecutive years. After the expiration of the five-year reward period, if rewards or remuneration should continue to be given according to other laws and regulations, such provisions shall prevail.

The net income mentioned in the preceding paragraph refers to the balance of the transfer license income after deducting the relevant taxes and fees incurred in this transaction, the expenses for maintaining scientific and technological achievements and the direct expenses such as evaluation, appraisal and negotiation during the transaction.

Expenditures of R&D institutions, institutions of higher learning and state-owned enterprises established by the government to give rewards and remuneration to personnel who have made important contributions to the completion and transformation of post scientific and technological achievements in accordance with the provisions of this Ordinance shall be included in the total wages of the unit in the current year, but they shall not be restricted by the total wages of the unit in the current year, and shall not be included in the total wage base of the unit.