What are the rights ownership and risk burden of technology contract results?

A technology contract is a contract that establishes mutual rights and obligations between the parties regarding technology development, transfer, licensing, consulting or services. What are the ownership rights and risk burdens of technology contract results? When such legal problems arise in life and you don’t know how to solve them, the editor of Legal Savior Network will introduce the relevant knowledge to you in detail, hoping to answer your questions.

What are the rights ownership and risk burden of the technical contract results

(1) Attribution of results

1. Inventions and creations completed by commissioned development, unless otherwise agreed by the parties , the right to apply for a patent belongs to the researcher and developer. If a research developer obtains a patent right, the client can exploit the patent free of charge. If a research developer transfers the right to apply for a patent, the client has priority in receiving the right to apply for the patent.

2. Inventions and creations completed through joint development, except Unless otherwise agreed by the parties, the right to apply for a patent belongs to all parties involved in the joint development. If one party transfers its patent application rights, the other parties may have priority in transferring their shared patent application rights. If one party to the joint development declares to give up its shared right to apply for a patent, the other party may apply alone or jointly with other parties. If the applicant obtains a patent right, the party giving up the patent right may exploit the patent free of charge. However, if one party to the joint development does not agree to apply for a patent, the other party or other parties may not apply for a patent.

3. Methods for the distribution of use rights, transfer rights and interests of the technical secrets developed through entrustment or joint development, It shall be agreed by the parties. If there is no agreement or the agreement is not clear, and it still cannot be determined according to the provisions of Article 61 of the Contract Law, the parties shall have the right to use and transfer it. However, the research and development developer who entrusts the development shall not deliver the research and development results to the client. before transferring the research and development results to a third party.

In a technology transfer contract, the parties may, in accordance with the principle of reasonableness, agree on a method for sharing subsequent improvements in technological achievements resulting from the implementation of patents and use of technical secrets. If the contract does not provide for it or the agreement is unclear, the parties may agree to supplement it; if a supplementary agreement cannot be reached shall be determined in accordance with the relevant terms of the contract or trading practices; if it still cannot be determined in accordance with the relevant terms of the contract or trading practices, the other parties will not have the right to share the technical achievements of one party’s subsequent improvements, but shall be enjoyed by the subsequent improving party.

(2) Burden of development risks

In the process of fulfilling the technology development contract, due to insurmountable technical difficulties, the research and development of all If it fails or partially fails, the risk burden shall be agreed by the parties; if there is no agreement, it may be supplemented or determined according to transaction practices; if it is still uncertain, the risk burden shall be reasonably shared by the parties.

Everyone will understand after reading the content of this article. This is also important legal knowledge at present. If you have other questions , welcome to consult the professional lawyers of the Legal Savior Network.