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According to Article 354 of the Contract Law regarding the ownership and sharing of subsequent technological achievements, the parties may, in accordance with the principle of mutual benefit, stipulate in the technology transfer contract the technological achievements resulting from the subsequent improvement of the patent and the use of technical secrets. ways to share. If there is no agreement or the agreement is unclear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the other parties will not have the right to share the technical results of subsequent improvements by one party.
Article 61: After a remediation contract with unclear stipulations in the contract comes into effect, if the parties have not agreed on quality, price or remuneration, place of performance, etc. or the agreement is unclear, they may agree to supplement it; if they cannot reach a supplementary agreement, , determined in accordance with the relevant terms of the contract or transaction practices.
The ownership of subsequent improvements to intellectual property rights can be determined based on the above provisions.
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