1, technology development contract.
Refers to the contract concluded by both parties on the research and development of new technologies, new products, new processes or new materials and their systems. Including commissioned development contracts and cooperative development contracts. A technology development contract shall be in written form. When transforming scientific and technological achievements with industrial application value, the parties may conclude a contract with reference to the provisions of the technology development contract.
2. Technology transfer contract.
Refers to the contract concluded by the parties on the transfer of patent right, patent application right, non-patented technology transfer, patent licensing and technology introduction. Including patent right transfer, patent application right transfer, technical secret transfer and patent licensing contract. A technology transfer contract shall be in written form.
3. Technical consulting contract.
Refers to a contract in which one party provides consulting services such as feasibility study, technical prediction, special technical investigation, analysis and evaluation report for a specific technical project, and the other party pays consulting remuneration.
4. Technical service contract.
Refers to a contract concluded by one party to solve a specific technical problem for the other party with technical knowledge. It does not include survey, design, construction contracts and contracting contracts of construction projects.
Contents of technical contract:
1, confidentiality clause.
Keeping technical secrets is an important issue in technical contracts. Before concluding a contract, the parties concerned shall reach a pre-contract confidentiality agreement on confidential matters, and stipulate the confidential matters, confidential scope, confidential period and confidential responsibility in the specific contents of the contract to prevent the infringement of technical rights and interests and the depreciation of technology due to disclosure.
2. Articles about the attribution of achievements.
That is, inventions, discoveries or other technological achievements produced during the performance of the contract, it should be clear who owns them and how to use and share them.
For the sharing mode of the subsequent improved technology, the parties may clearly stipulate in the technology transfer contract according to the principle of mutual benefit. If there is no agreement or the agreement is unclear, a supplementary agreement can be reached; If a supplementary agreement cannot be reached, it shall be determined by referring to the relevant provisions of the contract and trading habits; If it is still uncertain, one party has no right to share the technical achievements of subsequent improvement.
3. Special terms for payment of price or remuneration.
If the insurance premium is paid by income royalty, the contract shall stipulate the output value or profit as the base and the royalty ratio.
4. Interpretation clauses of special terms and terms.
Due to the strong professionalism of the technology contract, the parties should explain the key clauses in the contract, or the clauses that both parties think it necessary to clarify their scope and significance, and the abbreviations that have been simplified because of their repeated appearance in the contract text, so as to avoid disputes afterwards.