What should a technology transfer contract contain?

Technology transfer contracts are still very common in real life, but many people do not know much about them. In order to facilitate you to understand the relevant knowledge, the editor will sort out for you what contents should be included in a technology transfer contract. Legal knowledge, welcome to read.

What should be included in a technology transfer contract

Main terms of the technology transfer contract:

Technology transfer contract, including patent rights transfer contract, patent application right transfer contract, technology Secret transfer contract, patent implementation license transfer contract. The transferor and transferee shall sign a written technology transfer contract when conducting technology transfer. The signed technology transfer contract shall include the following main terms:

1. Contents, requirements and industrialization procedures of non-patented technologies for transfer of technical secrets. This article should contain the following content:

1. Transfer Project name of non-patented technical secrets;

2. The technical fields and industries involved in the transferred non-patented technical secrets;

3. The technical performance and technical indicators achieved by the transferred non-patented technical secrets;

4. The maturity, degree of use, economic benefits, estimated annual output, estimated annual output value, equipment production capacity, etc. of the transferred non-patented technical secrets.

2. Technical information and information provided on the transferred technical secrets and the time limit, place and method of submission. These terms shall contain the following content:

1. The transfer contract should specify what technical information and technical data should be provided for the transferred technical secrets, and cannot be expressed by "etc.";

2. The transfer contract should specify the specific time for providing technical information and technical data, whether it is a one-time or phased provision , and the specific content and number of copies provided each time;

3. The transfer contract should specify in what manner and at what specific place the technical information and technical data that should be provided are provided to the transferee.

3. Scope of use of non-patented technologies.

This article agrees on the use of non-patented technologyThe scope of the result should have the following content:

1 , areas where it can be used;

2. Can be used Methods.

These Terms shall not have time limits on use, If the transferee masters the transferred non-patented technology, it can use it permanently until the technology is replaced by a new technology.

4. Transfer fee and payment method.

This article should have the following clear stipulations: span>

1. Cost of transferred non-patented technology (in capital letters marked);

2. Time for payment of transfer fee , one-time or installment payment can be agreed upon;

3 , the place and specific time to pay the transfer fee.

5. Liability for breach of contract.

This article should have the following four provisions on liability for breach of contract:

1. The transferor failed to transfer the non-patented technology as stipulated in the contract, including 1) the transfer was unsuccessful; 2) only partial transfer; 3) the transferred technology had serious defects; 4) the transferred technology was used after less than the indicators agreed in the contract; 5) the transferor did not provide technical information; 6) the transferor did not provide technical guidance; 7) or the technical information provided by the transferor was incomplete or the technical guidance provided was not in place.

2. The transferee failed to pay the agreed transfer fee as stipulated in the contract, including 1 ) Refusal to pay; 2) Delayed payment; 3) Insufficient payment, etc.;

3. The transferor or transferee violates the confidentiality obligations stipulated in the contract, including 1) intentional disclosure of technical secrets; 2) negligent disclosure of technical secrets;

4. The transferor or transferee uses non-patented technology beyond the scope stipulated in the contract, which constitutes a violation of the non-patented technology. Infringement of the right to use technology agreed upon.

6. Technology The content of the guidance.

This article should include:

1. Requirements The transferor shall provide technical equipment, technical data, formulas, etc. as agreed in the contract;

2. Require the transferor to provide technical training, guidance, and exchanges;

3. Require the transferor to conduct on-site technical demonstrations and remove obstacles;

4. Bearing the expenses related to technical guidance: such as travel, food subsidies, etc.

7. Provision and sharing of subsequent improvement technologies.

This article means that within the validity period of the technology contract transfer, after one or both parties improve the technology, the transferor and the transferee have the right to enjoy the subsequent improved technical results. The right to use and transfer. If there is no agreement on this in the contract, you will not have the right to use and transfer.

Civil Code

Article 470 The content of the contract is agreed upon by the parties and generally includes the following terms:

(1) Name and address of the party concerned;

(2) Target;

(3) Quantity;

(4) Quality;

(5) Price or remuneration;

(6) Performance period, place and method;

(7) Liability for breach of contract;

(8) Methods of resolving disputes.

We learned above that the technology transfer contract includes patents rights transfer contract, patent application right transfer contract, technology secret transfer contract, patent implementation license transfer contract. If you want to be able to use the lawTo protect your rights, it is recommended that you conduct online consultation on the Legal Savior Network. A professional team of lawyers will answer your questions and protect your rights and interests promptly and legally.