Article 51 If a state department in charge or a project sponsoring
department signs a commissioned development contract with research and
development units for projects listed in the state plan, that department
has the right to decide on the application of its result.
Article 52 The term "risk liability" mentioned in Article 33 of the
Technical Contract Law should have the following conditions:
(1) the project is difficult enough for the present technological level;
(2) the party entrusted with research and development project works hard
enough subjectively and the failure is considered by experts as
reasonable.
CHAPTER IV TECHNOLOGY TRANSFER CONTRACT
Article 53 The term "technology transfer contract" appearing in Article
34 of the Technical Contract Law includes:
(1) contract on patent right assignment, which refers to a contract
signed by a party holding the patent right for assigning the ownership
or holdership of the right to an invention or creation to another party
and the other party pays the agreed price;
(2) contract on patent application right transfer, which refers to a
contract signed by one party for transferring his right to application
for a patent for his given invention or creation to another party and
the other party receiving the right pays the agreed price;
(3) contract on patent implementation licence, which refers to a
contract by which a patentee or a person authorized by the patentee
permits another party to exercise the patent right within the agreed
limit and the party getting the permission pays the agreed amount of
royalty; and
(4) contract on non-patent technology transfer, which refers to a
contract by which one party agrees to provide the non-patent
technological achievements it possesses to another party, making clear
the right to use and transfer the non-patent technological achievements
and the party getting the technological achievements pays the agreed
amount of use fees.
Article 54 A technology transfer contract should be limited to a given
and existing patent right, patent application right, patent execution
right, and the right to use and assign non-patent technological
achievements. It should not include the transfer of technical
achievements yet to be developed or passing on of knowledge, technology,
experience and information involving no patents or ownership of non-
patent technological achievements.
Article 55 The scope of executing a patent or using non-patent
technology motioned in Article 35 of the Technical Contract Law refers
to the time limit of patent execution and the place and mode for
executing the patent or using non-patent technology. But, the parties
concerned are not allowed to agree on the unre[1] [2] [3] [4] [5] 下一页
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