Article 73 If the transferee of a contract for licensing the execution
of a patent fails to perform the contract, the transferee should pay
default fines or compensate for the losses in compliance with the
provisions of Article 41 of the Technical Contract Law.
If the transferee fails to pay royalty two months after the due date,
the transferor has the right to cancel the contract and the transferee
should pay royalty retroactively and compensate for the losses caused
thereby to the transferor.
If the transferee executes the patent beyond the limit prescribed in the
contract or sign a contract with another party for retransferring the
licence, the transferee should stop the contract-breaching act and pay
default fines or compensate for the losses.
Article 74 A non-patent technology transfer contract should have the
following clauses:
(1) name of project;
(2) content, requirements and the extent of industrial development of
the non-patent technology;
(3) technological information and data and time limit, place and method
of their delivery;
(4) the range of technological secrecy and the time limit for keeping it
in secrecy;
(5) coverage of the use of the non-patent technology;
(6) standards and methods for examination and acceptance;
(7) royalty and mode of payment;
(8) ways for computing default fines or compensation for losses;
(9) coverage of technical guidance;
(10) provision and sharing of follow-up improvements;
(11) ways for settling disputes; and
(12) interpretation of terminology.
Article 75 The objective technology of a non-patent technology transfer
contract should be practical, reliable and applicable in the contractual
area.
Such technology can be transferred without being authenticated. The
technology to be applied to products or technological processes that
need authentication according to state regulations may be appraised
before the signing of the contract, or after the contract becomes valid
or terminated. The results of the appraisal do not affect the validity
of the contract.
For phasic technical achievements, the anticipated results should be
ensured through repeated experiments under given conditions and
responsibility for follow-up development should be clearly defined in
the contract.
Article 76 If the transfer or party of a non-patent technology transfer
contract fails to perform the contract, that party should pay default
fines and compensate for the losses in compliance with the provisions of
Article 40 of the Technical Contract Law.
If the transferee party fails to provide the contractual non-patent
technological achievements two months after the due date, the transferee
party has the right to cancel the contract. The transferor party should
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