Article 5. Where the content of a technology contract touches on national security, or where the greater interest demands
confidentiality1, this shall be handled in accordance with the relevant State regulations.
Article 6. Technical results arising out of the execution of a unit's tasks or as a result mainly of the utilization2 of the material technical resources of a particular unit shall be professional technical results. The right to utilize3 and transfer professional technical results. The right to utilize and transfer professional technical results lies with the unit concerned, which has the right to conclude technology contracts relating to those professional technical results. The unit shall reward the individual responsible for achieving the said technical results in accordance with the income obtained by the unit through the utilization or transfer of the professional technical results.
The right to utilize and transfer non-professional technical results lies with the individual responsible for achieving those results, who shall have the right to conclude technology contracts relating to the non-Professional technical results.
Application for patent and the award of patent rights with regard to professional or non-professional technical results shall be handled in accordance with the Patent Law and relevant regulations.
An individual responsible for achieving technical results shall have the right to state clearly on documents relating to the technical results that he is the person responsible for achieving them, and shall have the right to obtain a certificate of honor and a reward.
Article 7. The relevant State Council department in charge and the people's governments of the provinces, autonomous4 regions and directly administered municipalities shall have the right as required by the national and common social interest, to decide upon the dissemination5 to and utilization by designated units of non-patented technical results of major significance achieved by units under the ownership of the whole people, which fall within their particular system or scope of jurisdiction6. A unit utilizing7 technical results has the responsibility to maintain the confidentiality of those results. The utilizing unit shall pay a fee for use in accordance with the agreement between the two parties. If the two parties are unable to reach an agreement, the designating organ shall determine a reasonable fee.
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