Model text of technology contract of Ministry of Science and Technology 1
Contract number:
Technical service contract
Project name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Principal (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Trustee (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing time: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Term of validity: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Printed by the Ministry of Science and Technology of the People's Republic of China
Filling instructions
1. This contract is a model text of technical consultation contract printed by the Ministry of Science and Technology of the People's Republic of China, and all technical contract registration agencies can recommend technical contract parties for reference.
2. This contract is applicable to the contract concluded by one party (the entrusted party) to provide the other party (the entrusting party) with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report on a specific technical project.
Three, when one party is a multi-party, according to their respective roles in the contractual relationship, in? Clients? 、? Trustee? Under (attached page), they are respectively arranged as * * * and the principal or * * * and the trustee.
Four. Matters not covered in this contract can be separately agreed by both parties in the attached page and become an integral part of this contract.
5. When using this contract, the parties agree that there is no need to fill in the terms, and should indicate it in the terms? Nothing? And so on.
Six, Sun Yat-sen University signed a technology contract, Sun Yat-sen University legal person (President) or its entrusted agent (social science department leaders) must review the contract and sign it.
7. The last page of the contract text? Confirm? Part, filled in by the technical contract registration department and stamped with the official seal, as a certificate of technical contract registration.
Eight. The contract text shall be printed in the specified format, with A4 format (height 297mm, width 2 10mm) and installed vertically. The left side is the binding edge, and the font used in the text should be no less than No.5. The technical data related to the matters agreed in this contract in the original contract and its designated annexes should be compiled into a book, and its specifications and dimensions should be consistent with the contract.
Nine, after the contract is signed and sealed by both legal persons (entrusted agents), it is necessary to submit the original contract in six copies to the social science department, so that the social science department can register the contract and apply for tax reduction and exemption of scientific and technological income. If the person in charge of the project fails to fill in the contract matters or sign the project contract by himself according to the relevant requirements of this instruction, the legal issues involved in the project and the business tax, income tax and other expenses collected by the tax bureau shall be borne by the person in charge of the project.
Technical service contract
Entrusting party (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ E-mail address
Address: No.0/35, Xingang West Road, Guangzhou.
Contact information of the project: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
contact information
Mailing address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ _ E-mail address: _ _ _ _ _ _ _ _ _ _ _ _ E-mail address
Party A hereby entrusts Party B to work in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 1 The technical services entrusted by Party A to Party B are as follows:
1. The object of technical service: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. Contents of technical services: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Mode of technical service: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Party B shall complete the technical services according to the following requirements:
1. Technical service location: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
2. Technical service period: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Progress in technical services:
_______________________________________________________________________________;
4. Technical service quality requirements: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
5. Technical service quality requirements: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 3 In order to ensure Party B's effective technical services, Party A shall provide Party B with the following working conditions and cooperation matters:
1. Provide technical data:
( 1)_________________________________________________;
(2)_________________________________________________;
(3)_________________________________________________;
(4)_______________________________________________.
2. Provide working conditions:
( 1)_________________________________________________;
(2)_________________________________________________;
(3)_________________________________________________;
(4)_______________________________________________.
3 Others: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Time and method for Party A to provide the above working conditions and cooperation matters: _ _ _ _
Article 4 Party A shall pay Party B remuneration for technical services in the following ways:
1. The total technical service fee is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. The technical service fee shall be paid by Party A to Party B (one-time or installment payment).
The specific payment method and time are as follows:
( 1)_______________________________________________;
(2)________________________________________________;
(3)______________________________________________.
The name, address and account number of Party B's bank are:
Payee's account number: Article 5 Both parties confirm that the confidentiality obligations to be observed due to the performance of this contract are as follows:
Party A:
1. Confidential contents (including technical information and commercial information): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Scope of confidential personnel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Confidentiality period: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Disclosure responsibility: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B:
1. Confidential contents (including technical information and commercial information): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. Scope of confidential personnel: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Confidentiality period: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Disclosure responsibility: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 6 Changes to this contract must be agreed by both parties through consultation and confirmed in writing. However, under any of the following circumstances, one party may require the other party to change the rights and obligations of the contract, and the other party shall give a reply within days; Failing to reply within the time limit,
According to the agreement:
1._______________________________________________;
2._______________________________________________;
3._______________________________________________;
4._______________________________________________.
Article 7 Both parties agree to accept the technical service results submitted by Party B according to the following standards and methods:
1. The form for Party B to complete the technical service work is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. The acceptance criteria for technical service work are: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3. Acceptance method of technical service work: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Time and place of acceptance: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 8 Both parties agree that:
1. During the validity period of this contract, the new technical achievements completed by Party A using the technical service achievements submitted by Party B shall be owned by _ _ _ _ (both parties).
2. During the validity of this contract, the new technical achievements completed by Party B by using the technical data and working conditions provided by Party A shall be owned by _ _ _ _ (Party B and Party B).
Article 9 Both parties agree to bear their respective liabilities for breach of contract as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2.______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Where _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4.______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 10 Both parties confirm that within the validity period of this contract, Party A will designate _ _ _ _ _ as the project contact person of Party A, and Party B will designate _ _ _ _ _ _ _ _ _ _ _ as the project contact person of Party B. The project contact person shall bear the following responsibilities:
1.______________________________________________;
2.______________________________________________;
3.______________________________________________.
If one party changes the project contact person, it shall promptly notify the other party in writing. If the performance of this contract is affected or losses are caused due to the failure to notify in time, it shall bear corresponding responsibilities.
Article 11 If both parties determine that it is unnecessary or impossible to perform this contract, they may terminate this contract:
1. Force majeure occurs;
Article 12 Disputes arising from the performance of this contract shall be settled through negotiation and mediation. If negotiation or mediation fails, it shall be settled in the following ways:
1. Submit to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 13 Both parties confirm that the definitions and interpretations of relevant terms and technical terms involved in this contract and related annexes are as follows:
1._________________________________________________;
2._________________________________________________;
3._________________________________________________;
4._________________________________________________;
5._______________________________________________.
Article 14 The following technical documents related to the performance of this contract shall become an integral part of this contract after being confirmed by both parties in the form of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _:
1. Technical background information: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
2. Feasibility report: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
3. Technical evaluation report: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4. Technical standards and specifications: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
5. Original design and process documents: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
6. Others: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Article 15 Both parties agree that other relevant matters in this contract are:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
_________________________________________________________.
Article 16 This contract is made in duplicate, with the same legal effect.
Article 17 This contract shall come into effect after being signed and sealed by both parties.
Model technology transfer contract II
Project name:
Transferee: (Party A)
Transfer to others: (Party B)
Signing place:
Date of signing:
Validity period:
According to the provisions of the Contract Law, the two parties to the contract signed this technology transfer contract for the technology transfer of the _ _ _ project through consultation.
I. Contents and requirements of technical secrets
Two, technical information and materials and the time limit, place and method of submission.
Party B shall provide Party A with the following technical data in the form of _ _ _ _ _ _ _ _ _ within _ _ days from the effective date of this contract:
Three. Scope and confidentiality period of technical secrets of this project
Four, the scope of use and ownership of technical secrets
Acceptance criteria and methods of verbs (abbreviation of verb)
Intransitive verb fund and its payment or settlement method
1, transfer fees (in words) _ _ _.
Among them, the technical transaction amount is _ _ _ yuan.
2. Payment method: (the following option is adopted):
(1) One-time payment of _ _ _ yuan, time:
(2) Pay _ _ _ yuan in installments, time:
(3) Commission according to _ _% of the profit, with a term of:
(4) Commission according to _ _% of the sales amount, with a term of:
⑤ Other ways:
Seven, the calculation method of liquidated damages or damages
In case of breach of this contract, the breaching party shall be liable for breach of contract in accordance with the relevant provisions of the Contract Law.
1. In case of violation of Article _ _ of this contract, Party A shall bear the following liabilities for breach of contract:
2. In case of violation of Article _ _ of this contract, Party A shall bear the following liabilities for breach of contract:
3. Others:
Eight, the content of technical guidance (including location, method and cost)
Nine. Provision and sharing of subsequent improvements
The term "subsequent improvement" as mentioned in this contract refers to the innovation and improvement made by one or both parties to the technical achievements of the contract subject matter within the validity period of this contract. Both parties agree that the subsequent improvement of the technical achievements of this contract shall be completed by Party A, and the subsequent improvement results shall be owned by Party A..
X. Ways to resolve contract disputes
Disputes arising from the performance of this contract can be settled by both parties through conciliation or mediation. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, the following _ _ method shall be adopted.
1. Both parties agree to arbitrate by the Arbitration Commission.
2, to the people's court, under the jurisdiction of the people's court.
(1) Defendant's domicile (2) Contract performance place (3) Contract signing place (4) Plaintiff's domicile place (5) Location of the subject matter.
XI。 Interpretation of nouns and terms
Twelve. others
Matters not covered in the above clauses, such as the rights and obligations of the intermediary, service fees and payment methods, deposits, property mortgages, guarantees, etc.
Technology transfer contract law, matters needing attention in technology transfer contract
1, technology contract law
2. Technology transfer contract refers to the contract concluded between the parties on the transfer of patent application right, patent exploitation license and technology secret transfer. There are four types of technology transfer contracts: patent application right transfer contract, technology secret transfer contract and patent licensing contract.
3. Article 342nd of the Contract Law stipulates that a technology transfer contract shall be in written form.
Technology transfer contract is a complex contract, which involves intellectual property issues such as patents and technical secrets, and is prone to disputes. Using written form, on the one hand, helps to clarify the rights and obligations of the parties and avoid disputes; On the other hand, it is also conducive to the settlement of disputes after they occur.
4. Characteristics of technology transfer contract: specificity, integrity, ownership and legality of transfer.
5. Preventive measures
Pay attention to the validity of patents and technical secrets.
The relevant information of technology should be clearly agreed.
Scope of transfer or license.
Transfer fee agreement.