2. If Party A is the entrusting party, the technological development achievements are owned by the entrusting party, and the staged achievements in the R&D process are also owned by the entrusting party.
3. If Party A is the trustee, the technological development achievements shall be owned by the trustee, and the staged achievements in the R&D process shall also be owned by the entrusting party. However, the trustor has the right to use the technological achievement free of charge, and if the trustee transfers the technological achievement, the trustor has the priority to be transferred.
law of contract
Article 330 A technology development contract refers to a contract concluded between the parties for the research and development of new technologies, new products, new processes or new materials and their systems.
Technology development contracts include entrusted development contracts and cooperative development contracts.
A technology development contract shall be in written form.
The contract for the transformation of scientific and technological achievements with industrial application value concluded between the parties shall refer to the provisions of the technology development contract.
Article 339 The right to apply for a patent for a commissioned invention-creation belongs to the research developer, unless otherwise agreed by the parties. If the research developer obtains a patent, the client can exploit the patent for free.
Where the research developer assigns the right to apply for a patent, under the same conditions, the trustor shall have the priority to be assigned.