Legal analysis: The subject matter of the contract is different: the subject matter of the technology contract is closely related to the technology; while the subject matter of the contract contract is special, that is, it is the item specifically required by the client. It is made in order to meet the special requirements of the customer. Therefore, the customer's requirements for work quality, quantity, specifications, shape, etc. specify the subject matter of the contract and make it different from the items on the market to meet the customization requirements. people’s special needs.
Legal basis: "The People's Republic of China and the Civil Code"
Article 770 A contract means that the contractor completes the work and delivers the work results in accordance with the requirements of the client. , a contract in which the client pays remuneration. Contracting includes processing, customization, repair, copying, testing, inspection and other work.
Article 771 The content of a contract generally includes terms such as the subject matter, quantity, quality, remuneration, contract method, provision of materials, performance period, acceptance standards and methods, etc.
Article 843 A technology contract is a contract that establishes mutual rights and obligations between the parties regarding technology development, transfer, licensing, consultation or services.
Article 845 The content of a technology contract generally includes the name of the project, the content, scope and requirements of the subject matter, the plan, location and method of implementation, the confidentiality of technical information and materials, and the confidentiality of technical results. Attribution and income distribution methods, acceptance standards and methods, explanations of terms and terms, etc.
Technical background information, feasibility study and technical evaluation reports, project mission statements and plans, technical standards, technical specifications, original design and process documents, and other technical documents related to the performance of the contract shall be determined by the parties in accordance with the requirements of the parties. The agreement can be used as an integral part of the contract. If a technology contract involves a patent, it shall indicate the name of the invention, the patent applicant and patentee, the application date, application number, patent number and the validity period of the patent right.