In order to strengthen the management of economic contracts, protect the legitimate rights and interests of the parties, and maintain the socialist economic order, according to the provisions of the Economic Contract Law of the People's Republic of China and other relevant laws and regulations, combined with the actual situation in our province, the Measures for the Administration of Contracts in Tsinghua University are formulated.
Measures of Tsinghua University Municipality on Contract Management Chapter I General Provisions
Article 1 These Measures are formulated to fully implement the Contract Law of People's Republic of China (PRC), safeguard China's legitimate rights and interests, strengthen the management of horizontal technology contracts, and promote the transformation of China's scientific research achievements.
Article 2 These Measures shall apply to horizontal technology contracts (hereinafter referred to as horizontal contracts? Contract? )。 Contract types include technology development, technology transfer (including patent licensing), technical consultation and technical services, except foreign-related science and technology projects and military science and technology projects. The specific implementation units are all colleges, departments, institutes and other units in our school (hereinafter referred to as? Executive unit? ), the specific executor is the project leader, and the project leader should be the on-the-job career staff of our school.
Article 3 The horizontal technology contract of our school shall be signed by the Science and Technology Development Department of Tsinghua University Research Institute (hereinafter referred to as? Development department? ) management.
Article 4 When signing and performing contracts, the executing units and project leaders shall follow the principles of equality, voluntariness, fairness, honesty and credibility. We must abide by laws and administrative regulations, respect social morality, and must not disturb social and economic order or harm public interests.
Chapter II Conclusion of Horizontal Technology Contract
Article 5 Tsinghua University has the qualification of enterprise legal person, and the legal representative (principal) authorizes the person in charge of the development department to be the authorized representative, responsible for the conclusion and management of the horizontal technical contract of the whole school. When the authorized representative changes, the change procedures must be handled.
The Development Department entrusts each execution unit to be responsible for the management of the horizontal technology contract, and the person in charge of the Development Department entrusts the person in charge of scientific research of each execution unit as the trustee to be responsible for the signing and corresponding management of the horizontal technology contract of the unit. When a customer changes, it is necessary to go through the change procedures.
Article 6 The conclusion of a contract is a legal act, and the terms of the contract must be complete, with clear technical contents and clear technical indicators. The executing unit and the person in charge of the project must have the conditions and ability to perform the contract.
Article 7 The person in charge of the project shall fill in the Approval Form for Horizontal Technical Contract and the Letter of Responsibility in Tsinghua University, and may draft the contract according to the recommended text. The approval form shall be signed by the project leader, reviewed and signed by the client, and submitted to the Development Department for review. When the Development Department deems it necessary, it may invite the project leader and customers to participate in the audit discussion; Contracts involving technology licensing and ownership transfer shall be jointly reviewed by the Development Department and relevant departments. Major contracts must be approved by the vice president in charge of scientific research.
Article 8 To carry out horizontal technical cooperation, each executing unit and project leader shall sign a contract with Tsinghua University as a party in accordance with the Procedures for Examination and Approval of Horizontal Technical Contracts in Tsinghua University and Rules for Examination and Approval of Horizontal Technical Contracts in Tsinghua University, which shall be signed by the project leader and the client respectively, and finally signed (sealed) by the authorized representative? Special Seal for Tsinghua University Contract (Technology)? .
Article 9 Signature (seal) and? Special Seal for Tsinghua University Contract (Technology)? Tsinghua University will not recognize the horizontal technology contract, and all consequences will be borne by the parties to the contract.
Article 10 A legally established contract shall come into force upon its establishment. Contracts that should go through the formalities of examination, approval and registration according to laws and administrative regulations shall be handled in accordance with their provisions, and in principle, they shall be handled uniformly by the Development Department.
Eleventh approved schools and relevant units within the school shall review the signed contracts within their respective scope of authority and shall regularly submit them to the Development Department for the record.
Twelfth in order to protect the intellectual property rights of schools, the ownership of intellectual property rights should be clearly defined in the contract. The exclusive technology transfer (including patent licensing) contract shall be jointly reviewed by the development department and relevant departments, and submitted to the vice president in charge of scientific research for approval if necessary.
Thirteenth involving technical secrets, it is generally possible to sign a confidentiality agreement with the partner before signing the contract, and incorporate the confidentiality clause when signing the contract. Technologies involving national security or vital interests that need to be kept confidential shall be classified by the relevant institutions of the school when concluding the contract, and shall be handled in accordance with laws and relevant state regulations.
Fourteenth technology expenditure contracts need to entrust foreign units to carry out scientific research projects, which should be stipulated in the contract; If there is no consensus, the development department and relevant departments will jointly review and report to the vice president in charge of scientific research for approval when necessary.
Chapter III Performance, Modification and Termination of Horizontal Technology Contracts
Fifteenth after the contract comes into effect, the person in charge of the project shall fully perform the rights and obligations of the contract in accordance with the contract. Each execution unit shall regularly check the performance of the contract and solve the existing problems; If there is any important situation, submit it to the development department in writing; When the situation is serious, it should be reported to the vice president or dean of the research institute in time.
Article 16 A contract that takes effect according to law shall not be altered or dissolved without authorization. If it is necessary to change or cancel, the person in charge of the project shall submit a written application, which shall be submitted to the Development Department for approval after being reviewed and approved by the execution unit. Sign a supplementary or termination agreement after consultation with the other party.
Seventeenth the use and management of contract funds in accordance with the relevant financial regulations of the school.
Article 18 When a contract dispute occurs, the executing unit shall negotiate with the other party to solve it, and submit the negotiation to the Development Department in writing in time.
If both parties are unwilling to negotiate or mediate, or negotiation or mediation fails, the project leader shall apply for arbitration or bring a lawsuit in time.
Article 19 After the contract is completed, the project leader shall fill in the Completion Form of Horizontal Technology Contract in Tsinghua University, and submit the acceptance certificate and relevant materials to the Development Department.
Chapter IV Horizontal Technology Contract Management Organization
Twentieth development department contract management office is responsible for the daily work of the school's horizontal technology contract management, its responsibilities are:
(1) Drafting the contract management system; And be responsible for explaining to the project leader and the execution unit;
(2) Contract management related to contract review, modification and dissolution;
(three) to supervise and inspect the performance of the contract;
(four) to assist in the negotiation and mediation of contract disputes, and to handle the relevant procedures of arbitration and litigation;
(five) contract text and data management, filing and archiving of important documents;
(six) in accordance with the provisions of the relevant statistical data, statistics and analysis on a regular basis;
(seven) for technology contract identification, patent licensing contract registration and filing; Collecting and paying stamp duty;
(eight) to apply for project approval, bidding approval and other services;
(9) Other matters related to the contract.
Article 21 Each execution unit is responsible for the daily work of contract management of its own unit, and is responsible for contract negotiation, drafting, review, performance and management within the scope of authorization. The entrusting party is responsible for reviewing the commitment, completion time, ownership of achievements, compensation for breach of contract and dispute resolution of the project leader.
Chapter V Responsibilities and Duties
Article 22 If the other party breaches the contract, the executing unit shall investigate its liability for breach of contract according to the contract. If the other party's breach of contract causes losses to the school, and it is not handled in time due to the reasons of the execution unit and the project leader, the responsibility of the project leader and the execution unit shall be investigated.
Article 23 If we breach the contract, the executing unit and the project leader must notify the Development Department, and the project leader and the executing unit will negotiate with the Development Department for settlement.
Our liability for breach of contract shall be borne by the project leader; If the person in charge of the project cannot bear it, it shall be borne by the execution unit where the person in charge of the project is located.
Twenty-fourth contract disputes, during the arbitration or litigation, depending on the specific circumstances, the person in charge of the project may be suspended from concluding similar project contracts, and the project execution may be suspended when necessary.
Twenty-fifth whoever violates these measures, infringes on the rights and interests of the school, damages the reputation of the school, and causes economic losses, shall bear administrative and economic responsibilities until legal responsibilities are investigated.
Chapter VI Supplementary Provisions
Twenty-sixth approach by the Tsinghua University Academy of Science and Technology Development Department is responsible for the interpretation of.
Article 27 These Measures shall be implemented as of the date of promulgation. 199 1 09 March 19 Tsinghua University's 15 school affairs meeting, the Measures for the Administration of Horizontal Technology Contracts in Tsinghua University shall be abolished at the same time.
;