The difference between non-patented technology transfer and franchise use

All kinds of technologies and proprietary technologies that are not known to the outside world, adopted in production and business activities, do not enjoy legal protection and can bring economic benefits. Non-patented technology is said to be included in the franchise. Article 6 of the Regulations on the Implementation of People's Republic of China (PRC) Technology Contract Law (invalid) stipulates that non-patented technologies include: (1) technological achievements that have not been patented; (2) Technological achievements that have not been granted patent rights; (3) According to the provisions of Article 25 of the Patent Law of People's Republic of China (PRC), the following items are not granted patent rights: 1. Scientific discovery; Second, the rules and methods of intellectual activities; Third, the diagnosis and treatment of diseases; Fourth, animal and plant varieties; 5. Substances obtained by nuclear transformation. The production method of the products listed in item 4 of the preceding paragraph may be granted a patent right in accordance with the provisions. The Supreme People's Court's "Provisions on Several Issues in the Trial of Scientific and Technological Disputes" stipulates that non-patented technological achievements shall meet the following conditions: (1) technical scheme or proprietary technology including technical knowledge, experience and information; (2) in a secret state, that is, it cannot be directly obtained from public channels; (3) it has practical value, that is, it can make everyone gain economic benefits or competitive advantages; (4) The owner has taken appropriate confidentiality measures and failed to provide them to others who have no agreed confidentiality obligations.