1. What is the content of a technology contract in which a person pays for technology?
The contents of a technology contract with one person paying the price and one person delivering the technology shall be agreed upon by the parties, and generally include the following clauses:
(a) the name of the project;
(2) The content, scope and requirements of the subject matter;
(3) the plan, progress, time limit, place, region and method of performance;
(4) Confidentiality of technical information and data;
(5) Undertaking of risk responsibilities.
(six) the ownership of technological achievements and the way of sharing benefits;
(seven) acceptance criteria and methods;
(eight) the price, remuneration or use fee and the method of payment;
(nine) the calculation method of liquidated damages or damages;
(10) methods for resolving disputes;
(eleven) the interpretation of nouns and terms.
Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties.
Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.
Second, the provisions of civil law on technology contracts.
Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which defines the rights and obligations of both parties.
Article 844 The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the progress of science and technology, and promote the research, development, transformation, application and popularization of scientific and technological achievements.
Article 845
The contents of a technology contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technical achievements and the way of profit distribution, the acceptance criteria and methods, the interpretation of terms and conditions and other terms.
Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties.
Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.
Article 846
The payment method of the price, remuneration or use fee of a technology contract shall be agreed upon by the parties, which may be lump-sum payment or lump-sum payment, or royalty payment or royalty payment plus prepaid entry fee.
Where it is agreed to pay the royalties, the royalties may be calculated according to a certain proportion of the product price, new output value, profit or product sales after the patent is implemented and the technical secrets are used, or by other agreed means. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year.
If the use fee is agreed, the parties may agree on the method of consulting the relevant accounting accounts.
Article 847
If the right to use or transfer the technical achievements of a post belongs to a legal person or an unincorporated organization, the legal person or an unincorporated organization may conclude a technical contract on the technical achievements of the post. When a legal person or an unincorporated organization enters into a technology contract to transfer the technical achievements of the post, the person who completed the technical achievements of the post has the priority to be transferred under the same conditions.
Technical achievements in post are technical achievements obtained by performing the tasks of a legal person or an unincorporated organization or mainly using the material and technical conditions of a legal person or an unincorporated organization.
Article 848 The right to use and transfer the technical achievements of a post belongs to the individual who has completed the technical achievements, and the individual who has completed the technical achievements may conclude a technical contract on the technical achievements of the post.
Article 849 An individual who has completed a technical achievement has the right to state in the relevant technical achievement documents that he is the person who completed the technical achievement, and to obtain honorary certificates and awards.
Article 850 A technology contract that illegally monopolizes technology or infringes on the technological achievements of others is invalid.
Under normal circumstances, the situation that one person contributes capital and one person contributes technology can be regarded as a partnership between the two parties, and the situation that both parties contribute capital and one person contributes technology can be regarded as capital contribution. After reaching an agreement, both parties will sign a contract and clarify relevant matters, and both parties will fulfill their respective obligations.