Chương III Luật chuyển giao công nghệ: Dịch vụ chuyển giao công nghệ

Chapter III

TECHNOLOGY TRANSFER SERVICES

Article 28. Technology transfer services

1. Technology transfer services shall comprise:

(a) Technology transfer brokerage;

(b) Technology transfer consultancy;

(c) Appraisal of technology;

(d) Valuation of technology;

(dd) Assessment of technology;

(e) Promotion of technology transfer.

2. Entities conducting technology transfer services business must have a business registration certificate for technology transfer services.

Article 29 Principles for entering into and performing technology transfer services contracts

1. A technology transfer services contract shall be entered into via the form of a written contract or in another form as stipulated by law.

2. A technology transfer services contract shall be entered into and performed in accordance with the provisions of this Law, the Civil Code, the Commercial Law and other relevant laws.

Article 30. Rights of entities conducting technology transfer services business

Entities conducting technology transfer services business [services providers] shall have the following rights:

1. To conduct technology transfer services activities for which the services provider has business registration.

2. To require services users to supply necessary information and data to enable the services provider to provide the technology transfer services.

3. To employ domestic and foreign associates in order to assist the technology transfer services activities of the services provider.

4. To receive fees and other benefits for the provision of services in accordance with an agreement.

5. To require services users to pay compensation for loss and damage caused to the services provider and due to the fault of such services users.

6. To conduct [business] co-operation and joint ventures with domestic and foreign entities in order to conduct technology transfer services activities.

7. To participate in domestic, regional and international professional associations in accordance with law.

Article 31. Obligations of entities conducting technology transfer services business

Entities conducting technology transfer services business [services providers] shall have the following obligations:

1. To provide technology transfer services correctly in accordance with the registered business items of such services provider.

2. To strictly perform signed technology transfer services contracts.

3. To be liable to services users for the results of implementation of technology transfer services contracts by the services provider.

4. To pay compensation for loss and damage caused to services users and due to the fault of the services provider.

5. To maintain confidentiality of information in accordance with the agreements in a technology transfer services contract.

6. To discharge financial and other obligations as stipulated by law.

Article 32. Technology assessment services

1. Technology assessment services means either a business or non-business activity conducted in the form of an assessment of a technology in order to verify the actual status of a transferred technology and other matters related to such transfer at the request of one or more parties to a technology transfer contract or at the request of a competent State administrative body.

2. Entities providing technology assessment services and parties requesting assessment of a technology must comply with the provisions of this Law and other relevant laws.

Article 33. Criteria for technology assessors

Technology assessors must satisfy all the following criteria:

1. Have college, university or higher qualifications and have the appropriate expertise for the requirements and field of technology to be assessed.

2. Have at least three years' working experience in the field of technology to be assessed.

3. Have an assessor's certificate in the field of technology to be assessed if the law stipulates that such a certificate is necessary.