1. What are the confidentiality obligations of the transferee of the technology transfer contract?
The transferee of the technology transfer contract and the transferee of the technology licensing contract shall, in accordance with the agreed scope and time limit, undertake the obligation to keep confidential the undisclosed secret parts of the technology provided by the transferor and the transferor.
Second, the basic principles of technology contracts
As a legal act and scientific and technological work, a technology contract must follow the following basic principles:
(1) The principle of observing laws and regulations and maintaining public order. This is the basic principle that the parties to a contract must abide by when concluding a contract.
(2) The principles of voluntariness, equality, fairness, honesty and credibility. The principles of voluntariness, equality, fairness and good faith are the norms of civil legal relations defined in the general provisions of the Civil Code, and these principles are applicable to the conclusion and performance of various contracts.
(3) The principle of being conducive to scientific and technological progress and promoting the transformation, popularization and application of scientific and technological achievements. In principle, it is conducive to scientific and technological progress and promotes the transformation, popularization and application of scientific and technological achievements. In principle, the guiding ideology of Chinese laws in determining specifications and designing technical contract institutions is also a unique principle of technical contracts.
Three. Matters needing attention in concluding a contract for the transfer of patent application right
When concluding a contract for the transfer of patent application right, we should also pay attention to the following issues: the patent application right can be transferred, and both parties should sign a written contract for the transfer of patent application right. When reviewing the patent application contract after consultation, both parties should pay attention to the following issues:
1. If the transferred patent application right belongs to a unit owned by the whole people, whether it has been approved by the superior and whether the approval document is included in other documents of the contract for future reference;
2. The transferee of the transferred patent application right is a foreigner, whether the patent application right has been approved by the State Council, and whether the approval documents are included in other documents of the contract for future reference;
3. The transferred patent application right shall be a formal written transfer contract, which shall be registered and announced by the State Council Patent Office;
4. Whether it is stated in the contract that the assignee has obtained the patent application right in accordance with the contract, the assignor of the patent application right shall be responsible for the disputes arising from the assignee's patent application right or patent right;
5. Whether the transfer of the right to apply for a patent complies with the relevant provisions of the Patent Law;
6. Can the transferee of the patent application transfer guarantee the use of the patent? If the transferee monopolizes the new technology to individuals and objectively hinders the application, promotion and improvement of the new technology, then the contract is illegal;
7. Relevant technical information and materials (such as process design, technical report, process formula, documents, drawings, technical indicators, parameters, performance, etc.) have been handed over to the transferor of the patent application right. ) provide the full amount and high quality to the transferee according to the contract, so that the transferee can correctly and comprehensively use the patent and obtain benefits after obtaining the patent right?
Several issues that should be paid attention to when signing a contract for the transfer of technical secrets: When signing a contract for the transfer of technical secrets, the transferee should make clear the following issues:
1, after the patent application is filed, but before it is made public, the transferee shall undertake the obligation of confidentiality to the technical secret transfer contract signed by both parties on the patent invention-creation, and shall not have any behavior that hinders the transfer of the patent application;
2. After the patent application is made public, the applicant (assignor) requires the unit or individual who exploits the invention to pay an appropriate fee after approving the technology secret transfer contract concluded before.
3. After the patent application is approved, the technical secret transfer contract signed by both parties is a patent licensing contract;
4. The patent application is publicly rejected, and the technical secret transfer contract is terminated. However, it can be changed into a technical service contract through negotiation between both parties;
5, the transfer of technical secrets, proved to be able to use independently, and has certain economic and technological value, you can only sign a phased technology transfer contract (or agreement).
According to the law, it can be known that the transferee of the technology transfer contract and the transferee of the technology license contract should undertake the obligation of confidentiality to the transferor and the undisclosed secret part of the technology provided by the transferor according to the agreed scope and time limit.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 868
The transferor of the technical secret transfer contract and the transferor of the technical secret use license contract shall provide technical information, provide technical guidance, ensure the practicability and reliability of the technology and undertake the obligation of confidentiality in accordance with the agreement.
The confidentiality obligation stipulated in the preceding paragraph shall not restrict Licensor from applying for a patent, unless otherwise agreed by both parties.