Legal basis: Civil Code of People's Republic of China (PRC).
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.
A technology transfer contract includes a patent right transfer contract, a patent application right transfer contract and a technology secret transfer contract.
Technology licensing contracts include patent licensing, technology secret licensing and other contracts.
Technology transfer contracts and technology licensing contracts shall be in written form.