The term "citizen" as mentioned in this article refers to a person with China nationality.
A joint venture or other economic organization as a legal person may conclude a technology contract as a party. Article 3 The term "technological achievements" as mentioned in the Technology Contract Law refers to the technical solutions such as products, processes, materials and their improvement completed by using scientific and technological knowledge, information and experience. Article 4 The term "carrying out the tasks of the unit" as mentioned in Article 6 of the Technology Contract Law refers to:
(1) On-the-job personnel undertake scientific research and technological development projects of their own units or perform their duties;
(two) retired, transferred to the original unit within one year, continue to undertake the scientific research and technological development of the original unit or perform the original duties.
The material and technical conditions mentioned in Article 6 of the Technology Contract Law refer to the funds, equipment, equipment and undisclosed technical information and materials provided by the unit. However, this restriction does not apply to those who use the material and technical conditions provided by their own units and return the funds or pay the use fees according to the prior agreement.
The transferred personnel not only carried out the tasks of the original unit, but also made use of the technical achievements completed by the material and technical conditions of the unit, which were reasonably shared by the original unit and the unit. Article 5 The right to use and transfer the non-patented technological achievements mentioned in Article 32 of the Technology Contract Law refers to the right to use and transfer the obtained non-patented technological achievements between specific parties according to legal provisions or contractual stipulations. The right to use refers to the right to use non-patented technological achievements for the purpose of production and operation; The right of transfer refers to the right to provide and transfer non-patented technological achievements to others through technology contracts. Article 6 Non-patented technologies mentioned in Article 34 of the Technology Contract Law include:
(1) Technological achievements that have not been patented;
(2) Technological achievements that have not been granted patent rights;
(3) Technological achievements for which no patent right is granted according to the Patent Law. Article 7 The term "individuals who have completed technological achievements" as mentioned in Article 6 of the Technology Contract Law refers to those who have made creative contributions to the technological achievements individually or jointly. It does not include personnel who only provide funds, equipment, materials and test conditions, personnel who organize and manage, and auxiliary service personnel who assist in drawing drawings, sorting out materials and translating documents.
The technical achievement documents mentioned in this article refer to patent applications, declaration of scientific and technological awards, registration of scientific and technological achievements, and other certificates and documents that confirm the identity of the person who completed the technical achievements and award honors. Article 8 Technologies that involve national security or vital interests and need to be kept confidential shall be handled in accordance with laws and relevant state regulations after being classified by relevant scientific and technological secrecy organs. Article 9 The term "non-patented technological achievements of great significance" as mentioned in Article 7 of the Technology Contract Law refers to technological achievements with great economic or social benefits, which are approved by the State Science and Technology Commission and meet the requirements of the first prize for invention or the first prize for scientific and technological progress. Chapter ii conclusion, performance, modification and rescission of a technology contract article 10 the conclusion of a technology contract shall be agreed upon by the parties through consultation.
The parties may reach a written confidentiality agreement on the exchange of technical information and materials before concluding a contract. If the parties fail to reach an agreement on the conclusion of the contract, the validity of the confidentiality agreement shall not be affected. Article 11 The parties may conclude several interrelated scientific and technological projects or types of technical contracts as one contract, or break them down into several contracts. Article 12 When a legal person concludes a technology contract, it shall be signed or sealed by the legal representative or authorized personnel, and affixed with the official seal or special seal for the contract of the legal person.
When concluding a contract, a citizen shall sign or seal it. Thirteenth the conclusion of the following technology contracts shall be approved by the relevant departments or go through the necessary formalities:
(1) Contracts signed by important scientific and technological projects listed in the national plan or the plans of provinces, autonomous regions and municipalities directly under the Central Government shall be examined and approved by the competent departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government.
(2) Technical contracts involving national security or vital interests that need to be kept confidential shall be examined and approved by the organ that approved the confidentiality.
(three) the contract for the transfer of patent right and patent application right by a unit owned by the whole people shall be examined and approved by its superior competent authority. The patent application right transfer contract and the patent right transfer contract shall come into effect after being registered and announced by the China Patent Office.
(four) inflammable, explosive, high pressure, high altitude, toxic, construction, medicine, health, radiation and other dangerous projects or projects involving personal safety and social interests, should be handled in accordance with the relevant provisions of the state.
Before concluding a contract on the matters listed in the preceding paragraph, if the parties have approved or fulfilled the necessary procedures, the contract will be established after the parties sign and seal it; A contract concluded without the approval of the relevant department or without performing the necessary procedures shall be established after the approval of the relevant department or the performance of the necessary procedures. Article 14 The price, remuneration and use fee of a technology contract shall be agreed upon by the parties through consultation according to the economic benefits, social benefits, technological research and development expenses, industrialization degree of technological achievements, the rights and interests enjoyed by the parties and their responsibilities.
If the price, remuneration and royalties include non-technical funds, they shall be calculated separately.