1, legal risk of unclear ownership agreement
According to the law, the ownership of the technical secrets completed by entrusted development or cooperative development shall be determined by the parties concerned. If the agreement is unclear, it is impossible to conclude a supplementary agreement, or it cannot be determined according to the relevant provisions of the contract or trading habits, it shall be deemed that * * * is the same.
* * * If there is no agreement, either party may use the non-patented technological achievements, and the benefits obtained therefrom shall be owned by the users. However, if one party transfers technology, it must obtain the consent of the other party or other parties, and the benefits obtained therefrom shall be shared equally by all parties.
If the enterprise agreement is not clear, there will be disputes over the ownership of technology. Therefore, it is suggested that enterprises clearly stipulate when signing contracts to prevent legal risks.
2. Legal risks of unclear agreement on beneficial rights.
The right to use, the right to transfer and the way to distribute the benefits of entrusted development or cooperative development of technological secret achievements shall be agreed upon by the parties. If there is no agreement or the agreement is not clear, it can be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or trading habits.
If it is still uncertain, all parties have the right to use and transfer it, but the research developer entrusted with the development shall not transfer it to a third party before delivering the research and development results to the client.
If it is transferred without authorization, it will cause infringement and bear corresponding legal responsibilities. Therefore, it is suggested that enterprises sign contracts to make clear provisions to prevent legal risks.
3. The legal risk of unclear agreement on the ownership of patent application right.
Unless otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent, the customer can use the patent for free. Where the research developer transfers the right to apply for a patent, under the same conditions, the client may apply for a patent first.
Unless otherwise agreed by the parties, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, under the same conditions, the other parties have the priority to be assigned. If one party to a cooperative development waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties.
However, after the applicant obtains the patent right, the party who gives up the right to apply for a patent can exploit the patent for free. If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
Unclear enterprise agreement will cause related disputes; If one party infringes on the interests of the other party, applies for it without authorization, or commits other infringements, it will lead to disputes. Therefore, it is suggested that enterprises let lawyers comprehensively review the possible problems in the contract to prevent legal risks.
4. Legal risks with unclear technical acceptance criteria.
Acceptance criteria refers to the technical and economic indicators that both parties confirm whether the completed technical achievements meet and reach the contract objectives after the implementation of the technology development contract. The technical indicators and parameters of the contract terms shall clearly state the technical standards and parameters to be achieved by the technologies developed in this technical field.
It also includes new processes, new products and new technical requirements to be developed. For example, international, ministerial, industry standards, specific design requirements, technical advanced degree and other technical standards and data. Standard acceptance procedures should also be clearly agreed.
If the acceptance criteria or procedures are not clear, disputes will arise. Therefore, it is suggested that enterprises sign contracts to stipulate the acceptance items in detail to prevent legal risks.
5. Legal risk of unclear confidentiality agreement.
In the process of performance of technical contracts, it is easy for secret documents such as technical information and data to be leaked. Once the technical secrets are leaked, if there is no prior agreement, it is difficult for enterprises to safeguard their own rights and interests and will suffer a series of disputes and losses. Therefore, it is suggested that enterprises should stipulate the confidentiality agreement in detail in the technology contract, stipulate the responsibilities of both parties and prevent legal risks.
Because there are these risks in technology development, once the risks appear, the technology development contract can not be fulfilled, causing losses to the parties. Therefore, the parties should clearly stipulate the risk liability when concluding a contract. If the parties have no agreement or the agreement is not clear, disputes will arise.