Technical service contract belongs to technical contract, which refers to the agreement that the service provider uses his own technology and labor as the entrusting party to solve specific technical problems, and the entrusting party accepts the work results and pays the agreed remuneration.
Article 843 of the Civil Code defines a technology contract as a contract concluded by the parties to establish mutual rights and obligations for technology development, transfer, licensing, consultation or service.
Purpose of concluding a technology contract The conclusion of a technology contract should 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.
Second, the characteristics of technical service contracts
Technical service contracts have the following characteristics:
First, the subject matter of the contract is a project to solve specific technical problems.
Second, the way of performance is to complete the agreed professional and technical work.
Third, the work results have specific quality and quantity indicators.
Fourth, the transfer of relevant professional and technical knowledge does not involve the ownership of patents and technical secret achievements.
Three. Matters needing attention in signing technical service contract
Attention should be paid to the following points when signing a technical service contract:
1. The contents of the technical service contract shall clearly and specifically state the rights, obligations and liabilities for breach of contract of both parties. During the performance of the technical service contract, the new technical achievements and inventions made by the trustee by using the technical data and working conditions provided by the client belong to the trustee, unless otherwise agreed. Reminder: Unless otherwise agreed, the new technological achievements and inventions made by the same entrusting party using the work results of the entrusting party belong to the entrusting party.
2. The written expression of the technical service contract should be accurate and rigorous, the language should be concise and standardized, and there should be no ambiguity to avoid unnecessary disputes.
3. After the technical service contract is signed, it should be notarized by law to ensure the supervision and implementation of the contract.