Legal basis: Civil Code of People's Republic of China (PRC).
Article 843 A technology contract is a contract concluded by the parties for technology development, transfer, licensing, consultation or service, which defines the rights and obligations of both parties.
Article 844 The conclusion of a technology contract shall 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 851 A technology development contract is a contract concluded between the parties for the research and development of new technologies, new products, new processes, new varieties 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. A contract for the transformation of scientific and technological achievements with practical value concluded between the parties shall refer to the relevant provisions of the applicable technology development contract.
Article 862 A technology transfer contract is a contract in which the obligee owns the technology according to law and transfers the relevant rights of the existing specific patent, patent application and technical secret to others. A technology licensing contract refers to a contract in which the obligee legally owns the technology and licenses the related rights of the existing specific patents and technical secrets to others for implementation and use. The clauses in the technology transfer contract and technology licensing contract that provide special equipment and raw materials for the implementation of technology or provide relevant technical consultation and technical services are an integral part of the contract.