I. General Provisions Article 1 These Regulations are formulated in order to make scientific research work in institutions of higher learning better serve economic construction, accelerate the application and popularization of scientific and technological achievements and advanced technologies, promote the progress of production technology, protect the legitimate rights and interests of units that have completed scientific and technological achievements and scientific and technological personnel, and promote the development of scientific research work in institutions of higher learning. Article 2 The application and popularization of new scientific and technological achievements and advanced technologies developed by institutions of higher learning shall follow the principle of paid transfer. In technology transfer, we should advocate socialist cooperation and oppose technology blockade and monopoly. According to the needs of the country, the technology transferor (hereinafter referred to as the transferor) is allowed to make multiple transfers. Article 3 A technology transfer contract (hereinafter referred to as the transfer contract) shall be signed in advance for technology transfer. Article 4 The scope of paid technology transfer includes mature and advanced scientific and technological achievements and technological innovation achievements, advanced production technology, technical consultation, technical training and technical services. Article 5 Ownership of scientific and technological achievements

(1) The ownership of scientific and technological achievements made by staff in institutions of higher learning in the course of their own work, or because of the tasks assigned by the school, or by using working hours, or mainly using the material conditions of the school, belongs to the school.

(2) The ownership of laboratory results or test results completed by institutions of higher learning belongs to institutions of higher learning. On this basis, the ownership of the scientific and technological achievements that have been put into the factory for trial belongs to the institutions of higher learning and the pilot research units, and the rights and interests are reasonably distributed according to the contributions of the institutions of higher learning and the pilot research units respectively.

(three) the scientific and technological achievements obtained by the cooperative research of two or more units shall be owned by both parties (parties) of the research unit, and each party shall also enjoy the ownership of the part completed by itself. The contributions of all parties should be clearly defined in the appraisal documents of scientific and technological achievements, and the rights and obligations of all parties should be clearly defined in the technology transfer contract.

(four) institutions of higher learning accept the projects entrusted by enterprises, and the rights and interests of scientific and technological achievements declaration, award-winning and application for invention belong to institutions of higher learning. Entrusting units have the priority to implement and receive preferential treatment in technology transfer. The ownership of research results belongs to institutions of higher learning, and whether the investment unit shares the ownership is determined by the terms of the contract. Sixth in the transfer of scientific and technological achievements or technology, according to the ownership transfer or joint transfer. Article 7 The technical secrets of scientific and technological achievements shall be protected by the transfer contract. Eighth paid technology transfer should implement the principle of voluntary and mutual benefit, taking into account the interests of the state, units and individuals. Article 9 The transfer contract shall be signed by the transferor and the transferee in accordance with the principles of equality and mutual benefit, consensus through consultation and equal value and compensation. Article 10 The contents of a transfer contract include: the name of the transferred technology, the technical content, the rights and obligations of both parties, the implementation method, the transfer fee and its payment method, the acceptance method, the ownership of the results, the confidentiality clause, economic compensation, and the validity period of the contract. Article 11 Rights and obligations of the transferor

(1) Transfer technology and charge the transferee a reasonable transfer fee.

(2) Ensure that the transferee implements the transferred technology within the scope of the transferred technology.

(3) When the transferor fails to perform the contract, it shall refund part or all of the transfer fee. If serious economic losses are caused, appropriate compensation shall be given.

(4) When the transferee breaches the contract, the transferor will no longer bear the technical responsibility, and the transfer fee collected will not be refunded.

(5) Ensure to abide by the terms and conditions stipulated in the contract. Article 12 Rights and obligations of the transferee

(1) Technology with transfer right. If the technology cannot be transferred due to the transferor, it has the right to recover part or all of the transfer fee. If serious economic losses are caused, the transferor shall give appropriate compensation.

(2) Pay the technology transfer fee to the transferor as stipulated in the contract.

(3) If the transferee fails to perform the contract, or fails to organize the implementation within one year after the contract comes into effect, it shall be treated as breach of contract. Then deal with it as a breach of contract. The allocated transfer fee will not be recovered, and the expenses incurred by the transferor in the aftermath will be paid.

(4) Without the consent of the transferor, the secrets of the transferred technology shall not be disclosed, and monopoly or patent application shall not be required. This clause shall remain valid after the expiration of the contract.

(5) Ensure to abide by the terms and conditions stipulated in the contract. Three. Examination, approval and compilation Article 13 The transfer contract of an institution of higher learning shall be examined and approved by the school level. This contract shall come into effect after being approved and sealed by both parties, and shall be reported to the competent departments of both parties for the record in time. After the contract comes into effect. Both parties bear legal responsibilities. Article 14 Technology transfer to foreign countries, Sino-foreign joint ventures or domestic foreign-funded enterprises shall be reported to the Ministry of Education and the State Science and Technology Commission for examination and approval. Fifteenth technologies that have been approved by the State Science and Technology Commission or are being applied for export can still be transferred in China. Article 16. Technologies applying for patents abroad can still be transferred at home with compensation, but they must be reported to the Chinese Patent Office for the record. Four. Distribution of remuneration and income Article 17 The charging standard for paid transfer of scientific and technological achievements shall be determined by both parties through consultation with reference to the complexity of the technology, the investment amount and the economic benefits obtained from the transfer of technology, and taking into account the needs of scientific and technological reproduction.

Payment can be made by installment or lump sum. After signing the contract, the transferor may first charge 20-30% of the transfer fee as the entry fee.

The charging method is generally one-off, and it can also be in the form of sales commission or profit commission.

After the products enter the international market, the transferee shall also withdraw a certain proportion of foreign exchange from the profit commission and pay it to the transferor.