1. Do all technical contracts have to be filed?
Technical contracts need to be registered and filed, and the process of registration and filing is as follows:
1, application. After a technology contract is established according to law, the parties involved in the contract (technology developer, transferor, consultant and service provider) shall apply for registration with the local technology contract registration authority within 30 days from the date of the establishment of the technology contract.
2. accept. The technology contract registration agency shall accept the contract format, signing procedures, relevant annexes and licenses after preliminary examination, and confirm that they meet the relevant laws and other requirements.
3. Review and decision. The technical contract registration institution shall examine and determine whether the contract applied for registration belongs to the technical contract and what kind of technical contract it belongs to.
4. register. According to the rules for identifying technical contracts, the technical contract registration agency classifies technical contracts that meet the technical contract conditions, fills in the technical contract registration form, prepares the technical contract registration serial number, fills in the registration serial number on the text of the technical contract, affixes the special seal for technical contract registration, and issues the technical contract registration certificate to the parties. For non-technical contracts or unregistered contracts, the word "unregistered" should be marked on the contract text.
5. Approved technical income. The approved technology transaction amount shall be separately stated in the technology contract. If the technology development contract or technology transfer contract contains technical consultation and technical services, the remuneration for technical consultation and technical services can be included in the technology transaction amount.
Second, what is the principle of sharing technical cooperation and development contracts?
(1) Where the right to apply for a patent is transferred by invention-creation, the trustor may give priority to the transfer of the right to apply for a patent.
(2) Unless otherwise agreed in the contract, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, the other party or other parties may have priority to accept its patent application right. 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. After the invention-creation is granted a 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.
(3) The right to use, the right to transfer and the way to distribute the benefits of the non-patented technological achievements that have been commissioned or cooperatively developed shall be agreed upon by the parties in the contract. If there is no agreement in the contract, all parties have the right to use and transfer it. However, before the research and development achievements are delivered to the entrusting party, the entrusted research and development party may not transfer them to a third party.
Three. Force Majeure in Technical Contract
(1) In case of force majeure, one party shall promptly notify and prove to the other party as agreed, and take timely measures to prevent the loss from expanding.
(2) Both parties shall clearly stipulate the scope of force majeure, the way of notification and proof after encountering force majeure, whether both parties can terminate the contract due to force majeure, whether they can claim compensation for performance problems caused by force majeure, and under what circumstances.
(3) After the occurrence of force majeure, one party shall notify the other party in time as agreed in the contract, and keep the evidence when presenting evidence.