First, the difference between technical consultation and technical service contract
Although both technical consultation and technical service contract belong to the parties who use their own technical knowledge and information to provide technical services for each other's technical problems, there are still differences between them:
1. The trustee of a technical service contract shall not only impart technical knowledge and experience to the client, but also solve a specific technical problem for the client; The consultant of the technical consulting contract only provides reference opinions and plans for the decision-making of the entrusting party, and does not specifically engage in the specific scientific and technological work pointed out in the contract.
2. The entrusted party of a technical service contract shall guarantee the quality of the work products completed by the entrusting party and be responsible for the implementation results; A technical consulting contract is that the consultant provides the client with reference consulting reports and opinions according to the conditions agreed in the contract, and generally does not bear the responsibility for losses caused by decision-making mistakes.
3. Technical service contracts generally occur after the transfer of research and development achievements and the implementation of technical projects; Technical consulting contracts mainly occur before the research and development of technical achievements and the implementation of technical projects.
During the performance of the technical consultation contract and technical service contract, if the client obtains technical achievements by using the technical data of the trustee, the achievements shall be owned by the client, and vice versa. If the parties have an agreement, they shall abide by it.
Second, what are the characteristics of technology contracts?
The characteristics of technology contracts are:
1. The subject of a technology contract, that is, both parties to the technology contract.
2. A technology contract is a contract related to "technology", and the object or object of the contract is the technical achievement or the service behavior of the consultant using a certain technical achievement.
3. The main content of a technology contract is the civil rights and obligations arising from technology development, transfer, consultation and service between the parties to the technology contract. The most important thing is that one party develops and transfers technology, provides technical consultation and services, and the other party pays the price or remuneration.
Three. Invalidation of technical contract
A technology contract that illegally monopolizes technology or infringes on other people's technological achievements is invalid.
Illegal monopoly of technology and infringement of others' technological achievements include the following six situations:
1. Restrict one party from carrying out new research and development or using improved technology based on the technology agreed in the contract, or the conditions for exchanging improved technology between the two parties are not equal, including requiring one party to provide its improved technology to the other party for free, transfer it to the other party in a non-reciprocal way, and occupy or * * enjoy the intellectual property rights of the improved technology for free.
2. Restrict one party from obtaining technologies similar to those of technology suppliers from other sources or competing with them.
3. Obstruct one party from fully implementing the technology under this contract in a reasonable way according to market demand, including obviously and unreasonably restricting the quantity, variety, price, sales channel and export market of the technology recipient to implement the technology under this contract to produce products or provide services.
4. Require the technology recipient to accept the incidental conditions that are not essential for the implementation of the technology, including purchasing unnecessary technology, raw materials, products, equipment and services, and accepting unnecessary personnel.
5. Unreasonably restrict the channels or sources for technology recipients to purchase raw materials, spare parts, products or equipment.
6. It is forbidden for the technology recipient to raise objections or attach conditions to the validity of the technical intellectual property rights of the subject matter of the contract.