Technical trade negotiations include technical services, invention patents, engineering services, proprietary technology, trademarks and franchise negotiations. The introduction and transfer of technology are two sides of the same process. Where there are recipients of imported technology, there are licensors who provide technology. The process of introduction and transfer is the process of negotiation between the two sides. Technical trade negotiations generally include the following basic contents:
1, technical category, name and specification. Which is the goal of technology. The most basic content of technology trade negotiation is to negotiate which technologies can be provided by skilled suppliers and which technologies the recipients of imported technologies want to buy.
2. Technical and economic requirements. Because part of the technology or research results transferred by technology trade are intangible, it is difficult to keep samples as acceptance criteria in the future, so both sides of the negotiation should take a cautious and responsible attitude towards their technical and economic parameters. The technology transferor shall truthfully introduce the situation, and the technology transferee shall seriously investigate and verify it. Then, write out various technical and economic requirements and indicators in detail in the terms of the contract.
3. Time limit for technology transfer. Although it is often difficult to accurately predict the completion period of scientific and technological cooperation in advance, it is necessary to stipulate a wider period; Otherwise, disputes will easily occur.
4, the form of technology commodity exchange. This is an important content of the rights and obligations of both parties, and it is also an inevitable issue in the negotiations. There are two forms of technology commodity exchange: one is ownership transfer, where the buyer pays the full price of the technology commodity and can resell it, and the seller has no right to sell or use the technology again. This form is rarely used. The other is the transfer without ownership, and the buyer only obtains the right to use the technical goods.
5. Pricing and payment methods of technology trade. The price of technical commodities is a key issue in technical trade negotiations. In order to get more profits, the transferor always offers a high price. Importers will not accept the quotation easily, and often find out the unreasonable components in the quotation through repeated negotiations and price comparison analysis, and suppress the quotation. Price comparison is generally to compare the price level of competitors or similar technical goods under the same conditions. The comparison of price levels mainly depends on two aspects, namely, commercial conditions and technical conditions. The business conditions are mainly the valuation method, payment terms, currency use, creditor's rights and so on. Technical conditions are mainly to compare the scope of supply of technical goods, technical level and the quantity of technical services.
6. Responsibilities and obligations. The main obligations of the technology transferor in technology trade negotiations are: to conduct scientific research or trial production according to the time and schedule stipulated in the contract, complete scientific research results or samples within the time limit, and deliver all qualified scientific research results reports, trial production samples, all scientific and technological materials and appraisal certificates to the entrusting party for acceptance. Actively assist and guide the technology transferee to master the scientific and technological achievements, reach the technical and economic indicators stipulated in the agreement, and receive the expected economic benefits.
The main obligations of the technology transferee are: to provide the basic information necessary for the cooperation project in time according to the requirements stipulated in the agreement, to allocate funds for scientific research and trial production, to provide conditions for scientific research and trial production according to the cooperation mode stipulated in the contract, and to pay remuneration according to the technical achievements obtained.
No performance at all, the technology transferor, shall return all the entrustment fees or transfer fees to the technology transferee and bear the liquidated damages. If part of the obligations are fulfilled, part of the entrustment fee or transfer fees shall be refunded according to the situation, and the liquidated damages shall be paid. If the agreement is postponed, it shall not only bear all kinds of expenses increased due to the delay, but also pay liquidated damages. If the technical services provided cause economic losses to the other party due to quality defects, it shall be responsible for compensation. If a major accident is caused and serious consequences are caused, the administrative responsibility and criminal responsibility of the main person in charge should also be investigated.
If the technology transferee fails to perform its obligations, the allocated entrustment fee or transfer fee will not be recovered. At the same time, it should also bear the liquidated damages. If the agreement is not made according to the time and conditions stipulated in the agreement, in addition to allowing the delay in completion, it shall also bear liquidated damages. If losses are caused to the other party, it shall also compensate for the losses. If the quality of technical service fails to meet the requirements of the agreement due to the basic information provided or other cooperation conditions, the consequences will be at your own risk.