Regulations of Jiangsu Province on Promoting the Transformation of Scientific and Technological Achievements

Article 1 In order to promote the transformation of scientific and technological achievements into real productive forces, standardize the transformation activities of scientific and technological achievements, implement the strategy of rejuvenating the province through science and education, and promote economic construction and social development, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on Promoting the Transformation of Scientific and Technological Achievements and other relevant laws and regulations, combined with the actual situation of this province. Article 2 The term "transformation of scientific and technological achievements" as mentioned in these Regulations refers to the subsequent testing, development, application and popularization of scientific and technological achievements with practical value produced by scientific research and technological development until new products, new processes, new materials and new industries are formed. Article 3 Local people's governments at all levels shall be responsible for managing, guiding and coordinating the transformation of scientific and technological achievements within their respective administrative areas, incorporating the transformation of scientific and technological achievements into the national economic and social development plan, and providing support and guarantee in the implementation of the plan, personnel training, capital investment and infrastructure construction.

The administrative departments of science and technology, planning departments, economic and trade administrative departments and other relevant administrative departments of the local people's governments at or above the county level shall do a good job in the management, guidance and coordination of the transformation of scientific and technological achievements in accordance with the scope of duties prescribed by the provincial people's government. Article 4 The provincial people's government regularly publishes the catalogue of scientific and technological achievements and the guide to key scientific and technological achievements transformation projects, giving priority to supporting the implementation of the following projects:

(a) significantly improve the technical level and economic benefits of pillar industries, basic industries and emerging industries;

(two) the formation of industrial scale, with international economic competitiveness;

(three) the rational development and utilization of resources, saving energy, reducing consumption, protecting the ecology and preventing environmental pollution;

(four) has a significant role in promoting agricultural industrialization and marketization;

(five) the patented technology and other scientific and technological achievements are transformed and implemented for the first time within the administrative region of this province;

(6) Accelerate the social and economic development in underdeveloped areas. Article 5 Enterprises, institutions of higher learning, scientific research institutions, technology popularization institutions, scientific and technological organizations and other social organizations and individuals are encouraged to carry out Industry-University-Research cooperation and jointly implement the transformation of scientific and technological achievements through various forms. Article 6 Enterprises shall gradually establish a mechanism for technological progress, increase capital investment, improve technological innovation capability and accelerate the transformation of scientific and technological achievements. Enterprises can raise funds to promote the transformation of scientific and technological achievements by issuing bonds, stocks or loans according to law.

Enterprise research and development funds shall be extracted in accordance with the relevant provisions of the state and included in the cost. Provincial key enterprise groups and high-tech enterprises should spend more than 5% of their annual sales on research and development every year. Seventh encourage and support enterprises, institutions of higher learning and scientific research units to independently or jointly establish intermediate experimental bases, industrial experimental bases, agricultural experimental demonstration bases and other technical infrastructure engaged in the transformation of scientific and technological achievements. The provincial technical infrastructure recognized by the relevant administrative departments of the province shall be supported by special funds. Article 8 Encourage and support scientific research institutions, technology popularization institutions, schools and scientific and technical personnel to research, develop, manage and popularize new varieties and improved varieties of crops, aquatic products, livestock and poultry trees, as well as new agricultural technologies and new pesticide products. Article 9 Encourage and support the development and production of computer software products. Enterprises that develop and produce computer software products sell their own software products, and the value-added tax is levied at the statutory tax rate of 17%. The actual tax burden exceeding the state regulations will be refunded immediately, which will be used for enterprises to research and develop software products and expand reproduction.

The time limit for identifying enterprises that develop and produce computer software products and enjoying preferential tax policies mentioned in the preceding paragraph shall be implemented in accordance with the provisions of the State Council. Article 10 Encourage and support social intermediary activities such as technology development, technology transfer, technology consultation, technology diagnosis, technology training and technology popularization during the transformation of scientific and technological achievements, support the construction of scientific and technological information network, scientific and technological information base and scientific and technological entrepreneurship center, and form a perfect scientific and technological service system. Eleventh parties to the transformation of scientific and technological achievements shall conclude a technology contract for technology development, transfer, consultation or service according to law, and clarify the rights and obligations of both parties. The conclusion of a technology contract shall be conducive to the progress of science and technology, accelerate the transformation, application and popularization of scientific and technological achievements, and conform to the legal provisions of intellectual property rights.

Where a unit that completes scientific and technological achievements cooperates with other units to implement the transformation of scientific and technological achievements, the parties to the cooperation shall reach an agreement on keeping technical secrets. Without the permission of the obligee, the other party or other parties shall not disclose, transfer or allow others to use the undisclosed technical information and commercial information that one party declares to be protected as trade secrets.

A technology transaction or intermediary institution has the obligation to keep confidential the technical secrets of the parties it knows in the process of agency or intermediary services. Twelfth holders of scientific and technological achievements to transfer scientific and technological achievements to the society, must indicate the technical maturity of their achievements in the contract, and provide complete ownership documents and technical information. Article 13 holders of scientific and technological achievements may transform their scientific and technological achievements by means of fixed-price investment, share conversion or capital contribution ratio. Where high-tech achievements are used to contribute to a limited liability company or an unincorporated enterprise, the proportion of the assessed amount in the registered capital of the company or enterprise may reach 35%, unless otherwise agreed.

If the transfer project of high-tech achievements identified in the preceding paragraph applies for a technology-based enterprise, the registered capital will be allowed to be gradually put in place after approval by the administrative department for industry and commerce.