1. Is the generic technology contract valid?
Generic drug technology contracts are generally invalid, and generic drugs may be identified as counterfeit drugs.
People's Republic of China (PRC) Civil Code
Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.
Article 146 A civil juristic act in which the intention expressed by the actor and the counterpart is untrue is invalid.
The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.
Article 153
The validity of civil legal acts that violate mandatory provisions and public order and good customs. A civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts.
A civil legal act that violates public order and good customs is invalid.
Article 154 Validity of a Civil Legal Act of Malicious Collusion A civil legal act in which the actor colludes maliciously with the counterpart and damages the legitimate rights and interests of others is invalid.
Article 850 A technology contract is invalid. A technology contract that illegally monopolizes technology or infringes on other people's technological achievements is invalid.
Second, what are the terms of the technology contract?
People's Republic of China (PRC) Civil Code
Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which establishes mutual rights and obligations.
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.
Article 845
Main clauses of a technology contract The contents of a technology contract generally include the name of the project, the content, scope and requirements of the subject matter, the plan, place and method of performance, the confidentiality of technical information and materials, the ownership of technological achievements and the distribution of benefits, the acceptance criteria and methods, the interpretation of terms and conditions and other clauses.
Technical background information, feasibility study and technical evaluation report, project task book and plan, technical standards, technical specifications, original design and process documents and other technical documents related to the performance of the contract may be taken as an integral part of the contract according to the agreement of the parties.
Where a technology contract involves a patent, it shall specify the name of the invention-creation, the applicant and patentee of the patent, the date of application, the application number, the patent number and the validity period of the patent right.
Article 846
The terms of payment for the price, remuneration and royalties of a technology contract shall be agreed upon by the parties, which may be paid in one lump sum, in one lump sum, in installments, or in the form of royalties or royalties plus an entry fee in advance.
Where it is agreed to pay the royalties, the royalties may be calculated according to a certain proportion of the product price, new output value, profit or product sales after the patent is implemented and the technical secrets are used, or by other agreed means. The proportion of royalty payment can be fixed, increasing year by year or decreasing year by year.
If the use fee is agreed, the parties may agree on the method of consulting the relevant accounting accounts.
Article 847
The property right of the technical achievements of the post belongs to the legal person or the organization without legal personality, and the legal person or the organization without legal personality may conclude a technical contract on the technical achievements of the post. When a legal person or an unincorporated organization enters into a technology contract to transfer the technical achievements of the post, the person who completed the technical achievements of the post has the priority to be transferred under the same conditions.
Technical achievements in post are technical achievements obtained by performing the tasks of a legal person or an unincorporated organization or mainly using the material and technical conditions of a legal person or an unincorporated organization.
Article 848
The property right of non-post technical achievements belongs to the right of use and transfer of non-post technical achievements, and individuals who have completed technical achievements can conclude technical contracts on non-post technical achievements.
Article 849 The personal right of a technological achievement belongs to the individual who has completed the technological achievement, and enjoys the right to state in the relevant technical achievement documents that he is the creator of the technological achievement, as well as the right to obtain honorary certificates and awards.
Article 850 A technology contract is invalid. A technology contract that illegally monopolizes technology or infringes on other people's technological achievements is invalid.
Although China's legal system does not clearly stipulate the relevant provisions of generic drugs, if the drugs produced and sold do not meet the national standards, they may be treated as counterfeit drugs. Therefore, people or legal organizations had better not produce or sell generic drugs in their daily life.