Nowadays, there are many talents engaged in technology development, so it is particularly important to sign technology development contracts. But you may not know much about what responsibilities you need to bear and how to compensate for violating the technology development contract. The following is the relevant knowledge about the liability for breach of contract in technology development compiled by Bian Xiao for your understanding.
First, study the developer's liability for breach of contract
1. If the research and development party fails to implement the research and development work as planned, the entrusting party has the right to require it to implement the research and development plan and take corresponding remedial measures. If the research and development party fails to implement the research and development plan within two months, the entrusting party has the right to terminate the contract, and the research and development party shall return the research and development funds and compensate the losses caused to the entrusting party.
2. If the research and development party uses the research and development funds for other purposes than the performance of the contract, the entrusting party has the right to stop it and ask the research and development party to refund the corresponding research and development funds. After being urged by the entrusting party, if the research and development party fails to return the research and development funds within 2 months, the entrusting party has the right to terminate the contract, and the research and development party shall return the research and development funds and compensate the losses caused to the entrusting party.
3. If the research and development results do not meet the conditions agreed in the contract due to the fault of the research and development personnel, the research and development personnel shall pay liquidated damages or compensate for the losses. If the R&D work fails due to the fault of the R&D personnel, the R&D personnel shall return part or all of the R&D funds and pay liquidated damages or compensate for the losses.
Second, what responsibilities should the parties to the patent transfer contract bear for breach of contract?
1, the transferor's liability for breach of contract
Where the transferor of a patent right transfer contract violates the contract, it shall bear the following responsibilities:
If the technology is not transferred in accordance with the contract, in addition to returning part or all of the royalties, it shall also pay liquidated damages or compensate for the losses.
Where the exploitation of a patent is beyond the scope agreed in the contract, and a third party is allowed to exploit the patent without authorization in violation of the contract, it shall stop the breach of contract and pay liquidated damages or compensate for the losses;
Failure to perform the contract and delay the transfer of the patent right shall pay liquidated damages or compensate for the losses;
If the transferee infringes upon the legitimate rights and interests of others by exploiting the patent in accordance with the contract, the transferor shall bear the responsibility;
If the patent right is declared invalid after the establishment of the patent right transfer contract, the transferor shall return the price, unless otherwise agreed in the contract.
2, the assignee's liability for breach of contract
Where the assignee of a patent right transfer contract violates the contract, it shall bear the following responsibilities:
If the user fails to pay the usage fee according to the contract, he shall pay the usage fee and liquidated damages according to the contract; If the royalties or liquidated damages are not paid, the exploitation of the patent must be stopped, the technical data returned, the liquidated damages paid or the losses compensated;
Where the exploitation of the patent is beyond the scope agreed in the contract, and a third party is allowed to exploit the patent without the consent of the transferor, it shall stop the breach of contract, pay liquidated damages or compensate for the losses;
Those who fail to perform the contract and delay the price shall pay liquidated damages or compensate for the losses.
Generally speaking, after signing a technology development contract, researchers must pay attention to the agreed time, research results and the use of funds; The client must pay attention to the scope of use of the patent. If either party fails to abide by the agreement, it must bear the responsibility. The above is related to the liability for breach of contract in technology development.