1. Protecting intellectual property rights means protecting innovation. Intellectual property protection is related to the modernization of the national governance system and governance capacity, high-quality development, people's happiness, the overall situation of the country's opening up and national security. Innovation is the first driving force to lead development, and protecting intellectual property rights means protecting innovation.
2. Legal basis: Article 845th of the Civil Code of People's Republic of China (PRC).
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.
Second, what are the ways to protect innovation?
The ways to protect innovation are as follows:
1, improve laws and regulations on intellectual property financing;
2. Improve the evaluation system of intellectual property value;
3. Establish risk sharing and risk compensation mechanism. To promote the development of intellectual property pledge financing, it is necessary to solve the risks borne by financial institutions.