What does China's technology transfer contract template include?

1. What are the contents of China's technology transfer contract template? 1, whose subject matter is some intangible property, including patented technology, proprietary technology and other technological achievements; 2. It is a contract to transfer the property rights of technological achievements, especially the right to use them. After transferring its technology, the transferor often does not lose the ownership of the technological achievements. The main contents of the contract include: in view of the terms, definition terms, transfer method, scope of rights, contract area, transfer fee, guarantee terms, technical improvement and feedback, confidentiality terms, contract term, etc. The technology transfer contract system originated from the common business practices among countries at the end of 19. With the development of modern technology trade, this system has been recognized by the laws of various countries, and the relevant laws and regulations in China have also been stipulated. Matters needing attention in technology transfer contract 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, the relevant technical data should be clearly agreed. 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. Scope of transfer 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. Transfer fee agreement. 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 generated by the technology, 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. In addition, special attention should be paid to different types of technology transfer when signing contracts. When concluding a contract for the transfer of patent application right, we should also pay attention to the following issues: the patent application right can be transferred, and both parties should sign a written contract for the transfer of patent application right. Both parties should pay attention to the following issues when reviewing the contract for the transfer of patent application right agreed upon through consultation: (1) If the transferred patent application right belongs to a unit owned by the whole people, is it approved by the superior, and whether the approval document is included in other documents of the contract for future reference; (2) The transferee of the transferred patent application right is a foreigner, whether the patent application right has been approved by the State Council, and whether the approval document is included in other documents of the contract for future reference; (3) The transferred patent application right shall be a formal written transfer contract, which shall be registered and announced by the the State Council Patent Office; (four) whether it is stated in the contract that the transferee has obtained the right to apply for a patent in accordance with the contract, and the transferor of the right to apply for a patent shall bear the responsibility for the right to apply for a patent or the patent dispute; (5) Whether the transfer of the right to apply for a patent complies with the relevant provisions of the Patent Law; (6) Whether the transferee of the patent application can guarantee the use of the patent. If the transferee monopolizes the new technology to individuals and objectively hinders the application, promotion and improvement of the new technology, then the contract is illegal; (7) Whether the transferor of the patent application right has handed over relevant technical data and materials (such as process design, technical report, process formula, documents, drawings, technical indicators, parameters, performance, etc.). ) provided to the transferee according to the contract, so that the transferee can correctly and comprehensively use the patent and obtain benefits after obtaining the patent right. 5. Several issues that should be paid attention to when signing a contract for the transfer of technical secrets: When signing a contract for the transfer of technical secrets, the transferee should be clear about the following issues: (1) When signing a contract for the transfer of technical secrets for the invention-creation for which a patent is applied, the transferee shall undertake the obligation of confidentiality and shall not do anything that hinders the transfer of patent applications; (2) After the patent application is made public, a contract for the transfer of technical secrets is concluded before approval, and the applicant (transferor) requires the unit or individual who exploits the invention to pay appropriate fees, and the rights and obligations of the parties to the contract can be determined in accordance with the provisions of Articles 345 and 346 of the Contract Law; (3) After the patent application is approved, the technical secret transfer contract signed by the parties to the technical secret transfer contract is a patent licensing contract; (4) the patent application is publicly rejected, and the technical secret transfer contract is terminated, but it can be changed into a technical service contract through consultation between both parties; (5) If the transferred technical secrets are proved to be able to be used independently and have certain economic and technical value, only phased technical achievement transfer contracts (or agreements) can be signed. In China, the template of technology transfer contract generally includes its corresponding right scope, contract area, transfer fee, guarantee clause, confidentiality agreement and contract term. In view of the matters needing attention in the technology transfer contract, the relevant laws and regulations have also made detailed provisions one by one, so as to facilitate the people in need to transfer their patents reasonably and effectively.