Legal analysis
According to national laws, technology contracts are divided into four categories: technology development contracts, technology transfer contracts, technology consulting contracts and technical service contracts. A technology development contract is a contract concluded between the parties on the research and development of new technologies, new products, new processes, new materials and their systems. A technology transfer contract is a contract concluded between the parties on patent right, patent application right, patent implementation license and the use and transfer of technical secrets. A consulting contract is a contract in which one party provides the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report on a specific technical project. A technical service contract is a contract concluded by one party to solve a specific technical problem for the other party with technical knowledge. The relevant clauses of a technology contract need to be handled in strict accordance with the procedures and requirements stipulated in the above-mentioned laws, and the relevant clauses of computer software development need to be determined according to the actual technology use and authorization, which is conducive to the development of computer technology and can obviously be regarded as a technology contract.
legal ground
People's Republic of China (PRC) Civil Code
Article 878 A technical consultation contract is a contract in which one party with technical knowledge provides the other party with feasibility demonstration, technical prediction, special technical investigation, analysis and evaluation report, etc. A specific technical project. Technical service contract is a contract concluded by one party to solve specific technical problems for the other party with technical knowledge, excluding contract and construction project contract.
Article 879 The client of a technical consulting contract shall clarify the consulting matters in accordance with the agreement, provide technical background materials and relevant technical materials, accept the work results of the agent, and pay remuneration.
Article 880 The trustee of a technical consulting contract shall complete the consulting report or answer questions within the agreed time limit, and the consulting report submitted shall meet the agreed requirements.