The following is a summary of the relevant knowledge of the project cooperation contract model for reference only.
◆ Model project cooperation contract
Contract number:
Party A:
Place of residence:
Legal representative:
Project contact:
contact information
Mailing address:
Telegraph: transmitting the truth;
E-mail:
Party B:
Place of residence:
Legal representative:
Project contact:
contact information
Mailing address:
Telegraph: transmitting the truth;
E-mail:
Party C:
Place of residence:
Legal representative:
Project contact:
contact information
Mailing address:
Telegraph: transmitting the truth;
E-mail:
According to the Contract Law of People's Republic of China (PRC), the parties to this contract have reached the following agreement on the participation of * * * in R&D projects through equal consultation on the basis of truly and fully expressing their respective wishes, and they will abide by it jointly.
Article 1 The requirements for cooperative R&D projects under this contract are as follows:
1. Technical objectives:
2. Technical content:
3. Technical methods and routes:
Article 2 In research and development projects, both parties to the contract shall undertake the following tasks:
Party A:
1. Research and development contents:
2. Work progress:
3 R&D period:
4. R&D location:
Party B:
1. Research and development contents:
2. Work progress:
3 R&D period:
4. R&D location:
Party C:
1. Research and development contents:
2. Work progress:
3 R&D period:
4. R&D location:
Article 3 In order to ensure the full performance of this contract, the parties to the cooperation decide to organize, manage and coordinate the research and development work in the following ways:
Article 4 The cooperative parties confirm that they will provide the following technical data and conditions for the research and development of this contract project:
Party A:
Party B:
Party C:
After the performance of this contract, the above technical data and conditions shall be handled as follows:
Article 5 The cooperative parties decide to provide or pay the research and development funds and other investments of this contract project in the following ways:
Party A:
1. Supply or payment method:
2. Amount paid or converted into technology investment:.
3. How to use:
Party B:
1. Supply or payment method:
2. Amount paid or converted into technology investment:
3. How to use:
Party C:
1. Supply or payment method:
2. Amount paid or converted into technology investment:
3. How to use:
Article 6 Partners who contribute technology shall ensure that the technology provided does not infringe upon the legitimate rights and interests of third parties. If a third party accuses one or more partners of infringement due to the implementation of the technology, the technology provider shall
Article 7 The modification of this contract must be agreed by all parties through consultation and confirmed in writing. However, under any of the following circumstances, one or more parties may request the other party to change the rights and obligations of the contract, and the other party shall give a reply within days; Fails to reply within the time limit, as agreed:
1.
2.
3.
4.
Article 8 Without the consent of other partners, one or more partners may not transfer part or all of the research and development work of this contract project to a third party. However, under any of the following circumstances, one or more partners may transfer part or all of the research and development work of this contract project to a third party without the consent of other partners:
1.
2.
3.
Specific contents that can be transferred by one or more partners include:
Article 9 During the performance of this contract, if the research and development fails or partially fails due to technical difficulties that cannot be overcome under the existing technical level and conditions, and one or more partners suffer losses, the partners agree to bear the risk losses in the following ways:
1.
2.
3.
Both parties confirm that the technical risks of this contract project are determined according to this method. The basic content of identifying technical risks should include the existence, scope, degree and loss of technical risks. The basic conditions for identifying technical risks are:
1. This contract project is difficult enough under the existing technical level;
2. Party B has no subjective fault, and the R&D failure is regarded as a reasonable failure.
When one party discovers that there are technical risks that may lead to the failure of research and development or partial failure, it shall notify other partners within days and take appropriate measures to reduce losses. If the loss is enlarged due to failure to notify and take appropriate measures within the time limit, it shall be liable for compensation for the enlarged loss.
Article 10 During the performance of this contract, if the technology researched and developed has been made public by others (including by way of patent right), one or more parties shall notify the other parties to terminate the contract within days. If the failure to notify the other partners within the time limit causes losses to the other partners, the other partners have the right to claim compensation.
Article 11 The parties hereto determine that the confidentiality obligations to be observed due to the performance of this contract are as follows:
Party A:
1. Confidential contents (including technical information and commercial information):
2. Scope of confidential personnel:
3. Confidentiality period:
4. Leakage responsibility:
Party B:
1. Confidential contents (including technical information and commercial information):
2. Scope of confidential personnel:
3. Confidentiality period:
4. Leakage responsibility:
Party C:
1. Confidential contents (including technical information and commercial information):
2. Scope of confidential personnel:
3. Confidentiality period:
4. Leakage responsibility:
Article 12 The partners decide to deliver the research and development results in the following ways:
Party A:
1. Form and quantity of R&D achievements delivery:
2. Time and place of delivering research and development results:
Party B:
1. Form and quantity of R&D achievements delivery:
2. Time and place of delivering research and development results:
Party c
1. Form and quantity of R&D achievements delivery:
2. Time and place of delivering research and development results:
Article 13 The cooperative parties decide to check and accept the research and development achievements completed by one party according to the following standards and methods:
Party A:
Party B:
Party C:
Article 14 The cooperative parties decide to accept the research and development achievements finally completed in this contract according to the following standards and methods:
Article 15 The parties to the cooperation determine that the ownership of staged technological achievements and related intellectual property rights arising from the performance of this contract and independently completed by the parties to the cooperation shall be handled according to the following first method:
1. (the finisher and the cooperator) have the right to apply for a patent.
After the patent right is obtained, the use and related benefits are distributed as follows:
2. Deal with it in a technical secret way. The ownership and transfer of the right to use and the income generated therefrom shall be handled in accordance with the following agreements:
(1) Right to use technical secrets:
(two) the right to transfer technical secrets:
(3) Distribution of related interests:
The parties to the cooperation specially agree on the ownership of phased technical achievements and related intellectual property rights arising from the performance of this contract and independently completed by the parties:
Article 16 The parties to the cooperation determine that the ownership of the final R&D technological achievements and related intellectual property rights arising from the performance of this contract shall be handled according to the following first method:
Only 1. Can enjoy the right to apply for a patent.
After the patent right is obtained, the use and related benefits are distributed as follows:
2. Deal with it in a technical secret way. The ownership and transfer of the right to use and the income generated therefrom shall be handled in accordance with the following agreements:
(1) Right to use technical secrets:
(two) the right to transfer technical secrets:
(3) Distribution of related interests:
The parties to the cooperation specially agree on the ownership of the final R&D technical achievements and related intellectual property rights arising from the performance of this contract as follows:
Article 17 The R&D personnel who independently complete the staged technical achievements related to the performance of this contract by all parties have the right to indicate the person who completed the technical achievements in the relevant documents of the staged technical achievements, and obtain relevant honorary certificates and awards.
The list of personnel who have completed the final research results is determined through consultation between the partners. The person who completed the technical achievement has the right to indicate the person who completed the technical achievement in the relevant final technical achievement documents, and has the right to obtain relevant honorary certificates and awards.
Article 18 The equipment, equipment, materials and other properties related to research and development purchased by one or more partners with the research and development funds invested by * * * shall be owned by the other party.
Article 19 Both parties confirm that if one or more parties violate the obligations stipulated in this contract, resulting in stagnation, delay or failure of the research and development work of other partners, they shall bear the liabilities for breach of contract according to the following agreements:
Party A:
1. violation of article 10 of this contract will be regarded as
(Calculation method of payment of liquidated damages or damages).
2. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
3. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
Party B:
1. violation of article 10 of this contract will be regarded as
(Calculation method of payment of liquidated damages or damages).
2. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
3. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
Party C:
1. violation of article 10 of this contract will be regarded as
(Calculation method of payment of liquidated damages or damages).
2. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
3. In case of violation of Article of this contract, it shall be
(Calculation method of payment of liquidated damages or damages).
Article 20 Both parties confirm that either party has the right to make use of the technical achievements completed in the research and development of this contract project for subsequent improvement. The resulting new technological achievements with the characteristics of substantive or creative technological progress shall be owned by (the completing party and the cooperative party). The specific distribution methods of relevant interests are as follows:
Article 21 In order to effectively perform this contract, all partners confirm that during the validity period of this contract, Party A shall be designated as the project contact person of Party A, Party B as the project contact person of Party B, and Party C as the project contact person of Party C. The project contact person shall bear the following responsibilities:
1.
2.
3.
If one party changes the project contact person, it shall promptly notify the other partners in writing. If the performance of this contract is affected or losses are caused due to the failure to notify in time, it shall bear corresponding responsibilities.
Article 22 In the following circumstances, if the parties consider it unnecessary or impossible to perform this contract, they may terminate this contract:
1. Due to force majeure and technical risks;
2.
3.
Article 23 Disputes arising from the performance of this contract shall be settled through negotiation and mediation. If negotiation or mediation fails, it shall be settled in the following ways:
1. Submit to the Arbitration Commission for arbitration;
2. Bring a lawsuit to the people's court according to law.
Article 24 Both parties confirm that the definitions and explanations of relevant terms and technical terms involved in this contract and related annexes are as follows:
1.
2.
3.
4.
5.
Article 25 The following technical documents related to the performance of this contract shall become an integral part of this contract after being confirmed by all parties:
1. Technical background information:
2. Feasibility report:
3. Technical assessment report:
4. Technical standards and specifications:
5. Original design and process documents:
6. Others:
Article 26 The parties to the cooperation agree that other relevant matters in this contract are:
Article 27 This contract is made in duplicate, with the same legal effect.
Article 28 This contract shall come into effect after being signed and sealed by both parties.
Party A: (Seal)
Legal representative/entrusted agent: (signature)
date month year
Party B: (Seal)
Legal representative/entrusted agent: (signature)
date month year
Party C: (Seal)
Legal representative/entrusted agent: (signature)