Policies on Transformation of Scientific and Technological Achievements and Intellectual Property Protection (TENTATIVE)
Chapter one – General
Article 1 – To thoroughly implement the CPC Central Committee “eighteen” session proposal on “innovation-driven” development strategy; implement the State Council ” encouragement of nationwide Mass entrepreneurship and innovation” spirit; Give full play to the supporting role of intellectual property in the improvement of the independent innovation capability of Guangdong Technion-Israel Institute of Technology (hereinafter referred to as the “GTIIT”), strengthen the management of the school’s scientific and technological achievements and intellectual property rights, and encourage faculty, researches, students and staff to carry out the transformation, implementation and application of scientific and technological achievements. The Science and Technology Progress Law of the People’s Republic of China, the Science and Technology Promotion Law of the People’s Republic of China, the Patent Law of the People’s Republic of China, the Law of the People’s Republic of China on Promoting the Transformation of Scientific and Technological Achievements, and Several Opinions on Strengthening the Transfer and Transformation of Scientific and Technological Achievements in Colleges and Universities ”, “Several Opinions on Further Improving Policies on the Fund Management of Scientific Research Projects of the Central Government”, “Implementation Opinions on Further Improving the Fund Management of Provincial Fiscal Research Projects and Other Policies (for Trial Implementation)”, “Several Opinions on Optimizing Scientific Research Management and Improving Scientific Research Performance by the State Council” The spirit and regulations of documents such as the Notice of Measures and Several Policy Measures on Further Promoting Scientific and Technological Innovation; the following guidelines and policies are formulated in accordance with the relevant conditions of GTIIT.
Article 2 – The scientific and technological achievements mentioned in this implementation policy refer to the achievements of practical value produced through scientific research and technological development. Job scientific and technological achievements or “service invention” refer to the scientific and technological achievements completed by performing GTIIT tasks or mainly using the GTIIT’s material and technical conditions.
The transformation of scientific and technological achievements mentioned in the implementation policy refers to the follow-up experiments, development, application, and promotion of scientific and technological achievements in order to improve the level of productivity until the formation of new technologies, new processes, new materials, new products, and the development of new industries.
Article 3 – The affiliated units mentioned in the implementation policy refer to the programs (disciplines, departments), research centers and directly affiliated units (including the affiliated schools of the Guangdong Technion-Israel Institute of Technology) with the University as the secondary unit.
Article 4 – The term “faculty, researcher, student, and staff” mentioned in this implementation policy refers to full-time faculty members, scientific researchers, post-doctoral fellows working in GTIIT and its affiliated units, as well as graduate students, undergraduates and advanced students studying in the GTIIT (including government or enterprise expansion projects).
Article 5 – The term “scientific and technological achievement accomplishers” mentioned in these implementation policy refers to the faculty and staff who have made creative contributions to the job related scientific and technological achievements and students participating in scientific research projects.
第六条 学校允许在校学生进行自主创新创业活动，为学生创新创业提供有利条件。除参加在校的科研项目以外，学生可自行申请的专利，所有权归属学生 （仅限本科生）。
Article 6 – The University allows students on campus to carry out independent innovation and entrepreneurship activities, and provides favorable conditions for students’ innovation and entrepreneurship. In addition to participating in research projects on campus, the patents that students can apply for by themselves are owned by students (only for undergraduates), with the exception that GTIIT materials or lab resources were used as significant contribution to the project.
Chapter II Organization and Responsibilities
Article 7 – The University establishes a coordination mechanism for the transformation of scientific and technological achievements under the responsibility of the university leaders (PVC in Charge, and/or VC).
Article 8 – The Office of Research, Innovation, and Graduate Studies (hereinafter referred to as “RIGS”) is responsible for handling matters related to the formation of scientific and technological achievements such as intellectual property application, registration, and filing, and assists the university leadership, GTIIT’s scientific and technological achievements transformation committee and relevant departments/programs to establish and Improve the University’s scientific and technological achievements transformation system.
Article 9 – The Office of Research, Innovation, and Graduate Studies (hereinafter referred to as “RIGS”) is responsible for the transfer of intellectual property rights, authorization and licensing, conversion of scientific and technological achievements, and preparation of related contracts for approval by university leadership.
Article 10 – GTIIT has the right to entrust relevant third-party legal personnel or institutions to be responsible for the review of contract validity, dispute resolution, litigation and arbitration and other legal matters during the transformation of scientific and technological achievements.
Article 11 – GTIIT’s Finance Office (hereinafter referred to as the “Finance Office”) is responsible for reporting to the University leaders in charge and assisting in the supervision and management of operational state-owned assets formed by the investment of scientific and technological achievements.
Article 12 – The Academic Affairs Office of GTIIT is responsible for reporting to the university leaders in charge and assisting in the establishment of academic and technical post appointment, job performance management, and evaluation systems that meet the characteristics of the transformation of scientific and technological achievements.
Article 13 – The financial office of the University shall be responsible for the payment of relevant awards and fees and the accounting of conversion income in the process of technology transfer, authorization and license, and equity investment in the process of technological achievements transformation under the guidance of the university leaders in charge.
Chapter III Ownership of Intellectual Property
Article 14 – After the completion of job-related scientific and technological achievements or “service invention”, the right to apply for intellectual property rights belongs to the University. After the application is approved, the intellectual property obtained according to law belongs to the university.
Article 15 – The University dispatches personnel for overseas visits, advanced studies, study abroad, and joint project research to be conducted at the University, as well as inventions and creations completed abroad, and intellectual property rights acquired, and shall sign an agreement with the unit/organization that accepts the dispatch, to determine the ownership of its intellectual property rights in advance.
Article 16 – Students and researchers (including part-time personnel) who enter the university for study, advanced studies, or carry out cooperative research projects shall sign an agreement with the university on the ownership of the intellectual property rights of the research project. If no agreement is signed, the scientific and technological achievements of the research topics or tasks undertaken during the university period shall belong to GTIIT.
Article 17 – Where there is an agreement on the ownership of intellectual property rights in the technology contract reached between the University and the enterprise and/or commercial institution, the agreement shall be followed. If there is no agreement, the right to apply for intellectual property rights for the entrusted development of scientific and technological achievements belongs to the University. After the application is approved, the intellectual property rights obtained in accordance with the law belong to the University; for the scientific and technological achievements of cooperative development, the right to apply for intellectual property rights belongs to the University and the partner, after the application is approved, the intellectual property rights obtained in accordance with the law belong to the university and the partner/s.
Chapter 4 Service Invention or Job related Science and Technology Achievements and Part-time Job Management
Article 18 – The scope of job related scientific and technological achievements includes:
(1) Scientific and technological achievements completed in their own work;
(2) The scientific and technological achievements accomplished by performing tasks other than those assigned by the university;
(3) The scientific and technological achievements made within one year after retirement, transfer from the original position, or termination of labor or personnel relations, and related to the work undertaken in the original position or the tasks originally assigned by the university;
(4) Mainly use the university’s funds, equipment, parts, raw materials, propagation materials, or technical materials that are not disclosed to the public, to complete the scientific and technological achievements, but agree to return the funds or pay the usage fee, or use the university only after completion Except for verification or testing of material technical conditions.
Article 19 – The university supports its faculty, researchers, students and employees to provide services such as technology integration, common technology research and development, intermediate and industrial testing, systematic and engineering development of scientific and technological achievements, and technology promotion and demonstration for the transformation of scientific and technological achievements.
The university encourages its faculty, researchers, students and employees to communicate with companies and other organizations in science and technology personnel. On the premise of not affecting the work of the university such as teaching and scientific research tasks, the university supports faculty, researchers, students and employees to engage in the transformation of scientific and technological achievements in enterprises and other organizations, however, prior approval by university leaders in charged must be obtained.
Article 20 – The University encourages its affiliated units and enterprises and institutions to jointly establish research and development platforms, technology transfer institutions, local industry-research institutes or technological innovation alliances and other industry-university-research cooperation methods to jointly carry out research and development, application and promotion of results, and standard research and development, or other activities. However, prior approval by university leaders in charged must be obtained.
Chapter V Acquisition and Maintenance of Intellectual Property
Article 21 – After the completion of the job-related scientific and technological achievements, completer/s cannot use personal research funds to pay for intellectual property related expenses, the person who completes it should promptly submit the intellectual property application, registration, filing or confirmation to the RIGS office, and the RIGS will handle it with the relevant state agency in the name of the University after approval.
Article 22 – The university sets up a patent application and maintenance fund to provide application fees and maintenance fees for a certain period of time for intellectual property rights. RIGS is responsible for formulating the use and management of patent applications and maintenance funds, under the guidance of university leaders in charge.
Article 23 – The University shall establish and improve the scientific and technological report system and scientific and technological achievement information system, and provide the society with public welfare services such as information inquiry and screening of scientific and technological achievements. The relevant measures are formulated by RIGS, under the guidance of university leaders in charge.
Chapter VI: Transformation and Promotion of Scientific and Technological Achievements
Article 24 – The University strengthens the management, organization and coordination of the transformation of scientific and technological achievements, promotes the construction of scientific and technological achievements transformation team, and optimizes the process of scientific and technological achievements transformation.
Article 25 – The University encourages the use of technology transfer or other methods to carry out the transformation of scientific and technological achievements, strengthens the transformation of scientific and technological achievements by means of technology licensing, transformation through technology conversion to shares.
Article 26 – The university encourages the use of multiple channels to promote the transformation of scientific and technological achievements. University affiliates, scientific and technological achievements holders. may entrust third-party intermediary agencies to assist in the development. The University may sign an agreement to grant the team or individual job related technological achievements to transform such achievement by itself.
Article 27 – The University can independently determine the trading methods of scientific and technological achievements, and their pricing formats include agreement pricing, listing on the technology trading market, auctions, etc. If the price is set through an agreement, the name of the scientific and technological achievements and the proposed transaction price shall be announced through university notification system.
Article 28 – The University establishes a scientific and technological achievement transformation fund and opens a special account for the fund, which is managed by RIGS. RIGS, under the guidance and university leaders in charge, is responsible for formulating specific regulations related to the establishment, management, and use of funds.
Chapter VII Approval of Contracts for Transformation of Scientific and Technological Achievements
Article 29 – If the contract for cooperative R&D, entrusted R&D, university-industry research cooperation, etc. contains disposition clauses such as intellectual property transfer, authorization, etc., it shall be approved by the university leaders in charge (PVC and VC), Scientific and Technological Achievement Transformation Committee and the information shall be copied to RIGS.
Article 30 – Contracts related to the disposal of intellectual property rights, such as intellectual property transfer contracts, licensing contracts, etc., shall be examined and approved by the University leaders in charge, Scientific and Technological Achievement Transformation Committee, and the information shall be copied to RIGS.
Chapter 8 Scientific and technological achievements transformation fund management and Income distribution
Article 31 – The income from the transformation of scientific and technological achievements of the university, which is used for the rewards and incentives of the scientific research team and the personnel who have made important contributions to the completion and transformation of the scientific and technological achievements of the job, is not restricted by the school’s total salary, and is not included in the total salary base.
Article 32 – The Finance Office of the university will create account item for income from the transformation of scientific and technological achievements. After the university leaders in charge, RIGS and the Academic Administration Office have confirmed the proportion and amount of the awards and rewards, the Finance Office will allocate them to relevant personnel and affiliated units.
第三十三条 科技成果转化收益在学校、科技成果完成人之间原则上按照70% ： 30%的比例分配。
Article 33 – The income from the transformation of scientific and technological achievements shall in principle be distributed between the University and the person who completes the scientific and technological achievements at a ratio of 70%: 30%.
The University’s rewards for the completion of scientific and technological achievements can be paid in the form of rewards, and personal income tax shall be paid in accordance with the law when it is issued. The specific calculation method of awards shall be implemented in accordance with the relevant regulations.
Article 34 – The use of part of the University’s distribution of income from the conversion of scientific and technological achievements is as follows:
(1) 80% as a patent application and maintenance fund for the transformation of school scientific and technological achievements, managed by RIGS in accordance with the fund management regulations;
(2) 20% as RIGS scientific and technological achievements transformation operation management fee.
Chapter 9 Protection of Scientific and Technological Achievements and Legal Liability
Article 35 – The person who completed the job-related scientific and technological achievements plagiarizing, stealing, falsifying, illegally possessing, or counterfeiting the intellectual property rights of others, causing significant adverse effects, or failing to fulfill the agreed obligation to cooperate in the transformation of scientific and technological achievements, may be ordered to make corrections within a time limit, and the illegal gains shall be refunded. Withdraw the preferential treatment and rewards it received.
Article 36 – If the person who completes the job scientific and technological achievements without the consent of the university transfers, permits others to implement or otherwise transforms the scientific and technological achievements of the university, and damages the rights and interests of the university, he shall be given administrative sanctions according to the seriousness of the circumstances; those who violate the law shall be investigated in accordance with the law legal liability.
Article 37 – The University’s intellectual property rights disputes, contract disputes, infringement disputes, etc. shall be handled by the University’s entrusted or designated legal affairs agency, and the person who completed the job-related scientific and technological achievements and his unit shall cooperate with the dispute resolution work.
Article 38 – In the event of disputes over the ownership of intellectual property rights or rewards, they shall first be resolved through negotiation. If the negotiation fails, either party may request mediation from the University’s leaders in charge, and/or scientific and technological achievements transformation committee, or file a lawsuit in the people’s court or apply for arbitration based on the arbitration agreement.
Chapter X Supplementary Provisions
Article 39 – Relevant departments of the University are responsible for formulating specific management measures or implementation rules in accordance with the relevant provisions of these implementation opinions, and submit them to university leaders for approval before implementation.
Article 40 – The implementation policy shall be implemented from the date of issuance. If other regulations of the university are inconsistent with this implementation policy, this implementation policy shall prevail.