How to quote for technology transfer

For reference only: 1. The technology transferor shall provide evidence to prove the authenticity of its technology, including not only the operability and enforceability of the technology, but also the profitability (laying the foundation for quotation). 2. The technology transfer fee can be considered to be composed of two parts: one is the actual cost in the negotiation and implementation of the technology trade contract. These include: the travel expenses for the technology transferor to send negotiators to negotiate the technology transfer contract; The cost of quotation and preparation of quotation materials; Travel expenses of contract executors; Expenses for compiling and copying technical documents, drawings, technical regulations, etc. Necessary for technology transfer; Expenses for special design and experimental research according to the special requirements put forward by the transferee; Accept the technical inspection and technical training fees of the technical personnel of the transferee; As well as other actual expenditures and current expenditures. These costs are like the cost part in the process of technology transfer; The second is the transferor's royalty income. This part of the income of the technology transferor is calculated on the basis of sharing the extra profits between the two parties. That is, from the extra profits. This part of the income is basically the pure profit obtained by the transferor. The calculation based on product sales can be carried out according to the following formula: f = q.pn.y.r where: f: the fee charged by the technology transferor to the transferee. Namely the royal family; Q: The number of products produced by the transferee every year and all the products produced are sold by default. There are two kinds of commissions: piece-rate commission and quantity commission. Piece-by-piece commission is to calculate the number of products produced each year, and the unit is Taiwan/year or piece/year; The unit of volume of the mining area use fee is tons/year; Pn: the net selling price of the product. The so-called net sales price is to deduct a certain deduction fee from the total sales price. Such as packaging, taxes, insurance, transportation, actual wholesale discount and the cost of supporting parts. The unit is Yuan/ton or Yuan/piece or Yuan/set; Y: years of entrustment; R: the percentage that the technology transferor gets from the net sales. This is called royalty rate, or royalty rate. According to the statistical analysis of some international trade organizations and experts, the share of technology transferers from the extra profits is about 65,438+00%-30% of the total extra profits, and this percentage is about 0.5%-65,438+00% according to the net sales. The technology transfer fee in technology transfer can be regarded not only as the profit of the transferor, but also as the compensation for the transferee to lose part of the product sales market or potential market. There are several clauses in the technology transfer contract that show the technology transfer fee: first, the down payment in the technology transfer contract, or the entry fee. This is the first fee paid by the transferee to the transferor after the technology transfer contract comes into effect. This initial payment is often the actual cost of the technology transferor in the process of technology trade and the implementation of technology trade contracts. But this does not mean that the initial payment is the actual cost. In addition, in order to get more benefits as soon as possible, the technology transferor sometimes puts other expenses, such as partial royalty, into the down payment and asks the transferee to pay. 2. Royalty fee is the royalty income that the technology transferor collects from the transferee year by year according to the annual output of the transferee. The annual royalty can be converted into a lump sum. 3. One-time payment is to convert the royalty estimated year by year into a fixed present value, and the transferee will pay it to the transferor in batches at a certain time or within a certain period after the contract takes effect. Some factors in the royalty calculation formula are variable. For example, the number of products produced each year and the net selling price of products. Considering the influence of these variables, the technology transfer time should be calculated year by year. Then the above formula should be rewritten as: f = Qy PNY R, where Qy is the product output in Y year; Pny is the estimated net sales price of the product in the last year. N is the royalty year from the first year to the nth year. When converted into present value, the above formula should be converted into: f = QY PNY R/( 1+R), where: R is the discount rate and M is the construction period. No products will be produced during the construction period. In order to simplify the calculation, the net sales price during the commission period can also be determined as a fixed average price. Four. The combination of one-time payment and royalties is that when the contract comes into effect, in addition to the down payment, part of the royalties will be paid. This part of the royalty fee is called the advance royalty fee. Sometimes the commission received in advance will be deducted from the commission paid year after year in batches. 3. Make a contract to clearly define the right to use technology (transferor) and the right to use technology (transferee). And pay attention to the following points: (1) A contract with unclear agreement is a valid contract, but the parties need to continue to negotiate in the performance of the terms not agreed upon. After the promulgation of the Contract Law, the conditions for the establishment of contracts were relaxed, the situations of invalid contracts were strictly restricted, and the scope of revocable contracts was expanded. A contract with unclear agreement does not violate the provisions of mandatory laws and is not an invalid contract; A contract with unclear agreement belongs to a contract expressed by the true intentions of both parties and is not a revocable contract; The contract with unclear agreement has taken legal effect, and the contract is often in the performance stage. However, it is worth noting that the contract with unclear agreement belongs to the contract with incomplete agreement between the two parties, and the contract content is not comprehensive, which affects the performance of the contract. The parties need to further negotiate the relevant provisions or the referee shall specify the performance standards of the relevant provisions. The establishment of standards is the premise of performance. (2) The parties can completely supplement and confirm the contract with unclear agreement, so they should adhere to the principle of continuing to perform the contract. Most contracts with unclear agreements have entered the performance stage. For this reason, the parties have invested manpower, material resources and financial resources, and failure to continue to perform will cause great waste of property. The contract law only stipulates how to solve the problem of unclear terms, but does not stipulate that the problem of unauthorized termination cannot be solved. The principle of contract performance is the principle that the parties to the contract should adhere to, and it is also the principle that the referee should adhere to. First of all, we should try our best to establish the standards for the performance of the parties, try our best to solve the contradictions between the parties, establish the idea of mutual benefit, and enable the parties to establish feasible standards. For example, quality standards can be investigated and consulted by relevant quality departments or industry authorities. Secondly, one party requests to continue to perform, and the other party disagrees. As long as the standard can be established and the content of performance is barrier-free, the litigation request to continue to perform should be supported. (3) The principle of expanding interpretation according to law if the agreement is unclear. In some cases where the agreement is not clear, although the parties have no agreement in the contract, they may have a good idea, may imply the true meaning of the parties in the whole contract terms, or may interpret it according to the provisions of Article 62 of the Contract Law. Whether to adopt restrictive interpretation or expanded interpretation, literal interpretation or overall interpretation and purpose interpretation should be analyzed in detail according to the trial situation, but the general principle is to adhere to the guiding ideology of promoting transactions and encouraging performance. (4) award the responsibility to the party most likely to avoid such disputes. Some ambiguous terms were not foreseen by both parties, but were found to be omitted after the contract was performed. Some of them didn't make it clear in the agreement because they thought there would be no problem. Some of them deliberately avoided the relevant provisions, hoping to make use of performances. When dealing with such cases, we should adhere to the principle of good faith and prohibit any dishonest behavior. At the same time, clearly analyze the rights and obligations, and award the obligations to those who are most able to avoid them. For example, if there is no clear agreement on the content of the technical target, it should be the responsibility of the technical party, because the transferee has not mastered the technology, and the detailed agreement on the technical content depends on his understanding of the technology. Without understanding, there is no guarantee of foolproof. The purpose of this treatment is also to make the parties take a serious and sincere attitude when signing the contract and try to avoid disputes. (5) whoever cancels the principle of who is responsible. China's contract law stipulates three reasons for the termination of a contract, namely, agreed termination, legal termination and negotiation termination. The termination of the agreement can be terminated when the conditions are met, and the termination of negotiation depends on the wishes of both parties. The legal right of rescission must comply with the provisions of the Contract Law, and the contract can only be terminated if the breaching party has a fundamental breach of contract, otherwise neither party may tear up the contract at will. Unclear agreement does not constitute a condition for the termination of the contract, and any party who terminates the contract without authorization will bear legal responsibility. Note: It is generally believed that the principle of determining the technology transfer fee is that the transferor and the transferee share the extra profits obtained after using the technology. Because the transferee bears the risks of operation and market when implementing the technology, the transferee should take most of the profits. As for their respective proportions, they shall be determined by both parties through consultation. And because there are many difficulties in accounting for extra profits. Therefore, in technology trade, the sales of products are actually used as the basis for calculating technology transfer fees.