What problems should be paid attention to in technology transfer?

Hunan lawyer answers: (1) Pay attention to the validity of patents and technical secrets. The validity of a patent is mainly reflected in that the transferred patent or the licensed patent should be within the validity period; Those who exceed the time limit are not protected by law. The effectiveness of technical secrets is mainly reflected in confidentiality, that is, they are not known to the public and are exclusive to all. If the technology is known to the public, it is not a technical secret, and of course there is no transfer problem. (2) Relevant information of technology shall be clearly specified. Technology is the subject of a technology transfer contract, and the relevant information of the technology should be clearly stated in the contract to facilitate performance. Technical related information includes: technical project name, main indicators, technical functions or uses, key technologies, production process, matters needing attention, etc. These data show the inherent characteristics of the technology and are effective, which is also the basis for the parties to calculate the use fee or transfer fee. (3) The scope of assignment or license. When transferring technology or licensing others to implement technology, the scope should be clearly defined. Optional clauses in the contract include: the patent transfer involves the change of the patentee, so its scope covers the whole country; If the patent is licensed, it should be clear in what field the patent can be used, and if it exceeds it, it will be a breach of contract; Where a technical secret is transferred, the transferor shall bear the responsibility of confidentiality, and its scope of use may be extended to the whole country or only a certain area. (4) Agreement on transfer fee. Transfer fee includes transfer fee and use fee. Where the patent is transferred, the transferee shall pay the transfer fee. The transfer fee is calculated according to the actual value that the technology can produce, and usually a proportion is specified for easy operation. If permitted, the amount of transfer fee or use fee shall be considered according to the scope of use, production capacity and exclusivity. If the transferee fails to pay the royalties as agreed, it shall pay the royalties and liquidated damages as agreed; Those who fail to pay royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical materials and bear the liability for breach of contract. Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope without the consent of the transferor, it shall stop its breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract.