Laws of the People's Republic of China

INTERIM REGULATIONS OF THE GUANGZHOU ECONOMIC
AND TECHNOLOGICAL DEVELOPMENT ZONE
CONCERNING THE INTRODUCTION OF TECHNOLOGY

 (Adopted at the Guangzhou Mayor's Work Meeting on
March 6, 1985 and Promulgated for Implementation
by the Municipal People's Government on
April 9, 1985)

SUBJECT: ECONOMIC & TECHNOLOGICAL DEVELOPMENT ZONES

ISSUING-DEPT: GUANGDONG PROVINCE

ISSUE-DATE: 03/06/1985

IMPLEMENT-DATE: 04/09/1985

LENGTH: 3040 words

TEXT:

CHAPTER I GENERAL PROVISIONS

[Article 1] In order to encourage the introduction of advanced technology and to speed up the modernized construction in the Guangzhou Economic and Technological Development Zone, these Regulations are formulated in accordance with the pertinent laws, rules and regulations of the People's Republic of China and the "Interim Regulations on the Guangzhou Economic and Technological Development Zone".

[Article 2] Enterprises, undertakings and other organizations, or individuals (hereinafter referred to as "recipient side") inside the Guangzhou Economic and Technological Development Zone (hereinafter referred to as "development zone") that introduce technology with repayment from enterprises and other organizations or individuals (hereinafter referred to as "supplying side") must abide by these Regulations.

[Article 3] The parties that introduce technology must observe the laws, rules and regulations of the People's Republic of China and their legitimate rights and interests are to be protected by the law of the People's Republic of China.

[Article 4] The parties that introduce technology must sign in written form, a contract for transfer of technology (hereinafter referred to as the "contract").  In signing a contract, the principles of equality and mutual benefit and reaching agreement through consultation must be adhered to.

CHAPTER II CONTENTS AND MODES OF TECHNOLOGY INTRODUCTION AND PREFERENTIAL TREATMENTS

[Article 5] The introduced technology must be advanced, applicable and with tangible economic efficiency.

"To be advanced" means that it is more advanced than technology of the same type in China and that it is being used or being developed in industrially developed countries, or that it will enable for a certain trade or a certain product in China, in Guangzhou Municipality, or in Guangdong Province to attain the advanced world level.

"To be applicable" means that it can be used in scientific research production in the development zone; that it can expedite the technological reform of enterprises in Guangzhou Municipality, Guangdong Province and inland and that it is suitable to the concrete situation of China.

"To be with tangible economic efficiency" means that it can be in accord with one or more of the following requirements:-

(1) Be able to supply newly developed technology, newly developed products and newly-developed materials that are specially developed in Guangzhou Municipality, in Guangdong Province or in China;

(2) Be able to improve the quality and performance of products, to reduce production cost and to economize energy and materials;

(3) Be advantageous for making full use of the resources in China;

(4) Be able to open up markets abroad for its products and to substitute imports with its products;

(5) Be able to supply products that are badly needed in China and to import such products in great quantity;

(6) Be advantageous to environmental protection;

(7) Be advantageous to improvement of operation and management;

(8) The production process and manufacturing technique are specially needed in China.

[Article 6] The scope of introduced technology includes:

(1) Technology that has obtained effective patent right;

(2) Technology for which patent right is being applied;

(3) Know-how;

(4) Softwares of other advanced technology.

[Article 7] The development zone specially encourages the introduction of the following technology;