Article 26 For technical contracts belonging to one of the cases listed
in Article 21 of the Technical Contract Law, the parties concerned or
the parties of interests may request the industrial and commercial
administrative institutions to declare the contract invalid.
The industrial and commercial administrative institutions have the right
to investigate and handle the cases found to belong to one of the cases
mentioned in the preceding article. But, if the contract is found to
involve the illegal monopoly of technology, hindrance of technological
advance and infringement of the rights to technology, the industrial and
commercial administrative institutions should entrust local science and
technology committees to make the final verdict before handling the
mater; if the contract is found to involve the infringement of patent
right, the case should be handled after the patent control institutions
pass the judgment.
Article 27 If a technical contracts is declared invalid by the
Administration for Industry and Commerce or the people's court, the
party responsible for nullifying the contract should compensate for the
losses of the other party caused by the nullification of contract. If
the contracting parties are both responsible for nullifying the
contract, they should bear their respective responsibilities.
Article 28 If a technical contract is declared invalid for infringement
of other's patent rights, patent application rights, patent execution
rights, the rights to use and assign the non-patent technology or
invention right, discovery rights and the right concerning other
technological achievements, the violator should be made to stop the
infringement acts, apologize, eliminate the consequences and compensate
for the losses.
If a contract is declared invalid for infringing upon other's patent
rights, patent application rights and patent execution rights, the
contract should not be performed if performance has not started and the
performance must be terminated if the performance is in process.
If a contract is declared invalid for infringing upon other's rights to
use and assign non-patent technology, the party obtaining the non-patent
technology may continue to use it but should pay a reasonable amount of
usage fees to the assigner.
When a contract is declared part of the clauses invalid for infringement
upon other's invention right, discovery right and the right of those who
have made technological achievements, the remaining clauses are not
affected and are still valid.
Article 29 The party concerned has the right to request the people's
court or arbitration organizations to alter or cancel the technical
contract in one of the following cases:
(1) The party concerned has major m[1] [2] [3] [4] [5] [6] [7] 下一页
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