The technical person in charge includes the engineering technology person in charge and the enterprise technology person in charge. The engineering technology person in charge has direct responsibility for engineering technology. Various engineering technical personnel assist them in completing their work. The work content mainly includes the preparation of various Plan, conduct construction technical briefings, be responsible for joint review of drawings and design changes, and draw as-built drawings. The technical person in charge of the enterprise has the leadership responsibility for the technical work of the enterprise. If a quality or safety accident occurs due to technical reasons, the engineering technical person in charge is directly responsible, the enterprise technical person in charge assumes leadership responsibilities, and the project manager bears primary responsibility.
Legal basis:
"People's Republic of China and Civil Code"
Article 843_A technology contract is a contract between the parties regarding technology development, A contract establishing mutual rights and obligations established by transfer, license, consultation or services.
Article 844: The conclusion of a technology contract shall be conducive to the protection of intellectual property rights and the advancement of science and technology, and promote the research and development, transformation, application and promotion of scientific and technological achievements.
Article 845 The content of a technology contract generally includes the name of the project, the content, scope and requirements of the subject matter, the plan, location and method of implementation, the confidentiality of technical information and materials, and the confidentiality of technical results. Attribution and income distribution methods, acceptance standards and methods, explanations of terms and terms, etc.
Technical background information, feasibility study and technical evaluation reports, project mission statements and plans, technical standards, technical specifications, original design and process documents, and other technical documents related to the performance of the contract shall be determined by the parties in accordance with the requirements of the parties. The agreement can be used as an integral part of the contract.
If the technology contract involves a patent, it shall indicate the name of the invention, the patent applicant and patentee, the application date, application number, patent number and the validity period of the patent right.
Article 846 The method of payment of the technology contract price, remuneration or royalties shall be agreed upon by the parties, which may be a lump sum payment, a lump sum payment or a lump sum or installment payment, or commission payment or payment by installments. Commission payment plus an upfront entry fee.
If it is agreed that commission payment will be made, it can be calculated based on the product price, the new output value, profit or product sales after the implementation of the patent and the use of technical secrets, or it can also be calculated according to other agreed methods. The proportion of commission payment can be fixed proportion, increasing proportion year by year or decreasing proportion year by year.
If the commission payment is agreed upon, the parties may agree on the method of reviewing relevant accounting accounts.