ract concluded through a medium agency,
the parties concerned may ask the medium agency for mediation.
When disputes arise over the ownership of technical achievements, the
parties concerned may request related science and technology committees
for mediation.
If a mediation agreement is reached as a result of reconciliation
through mediation, the parties concerned should automatically abide by
it.
Article 118 If the parties concerned are to settle their disputes
arising from the technical contract through consultation or mediation
and the consultation or mediation fails, one party or both parties may
apply with the agreed arbitration department for arbitration according
to the arbitration clauses in the contract or arbitration agreement
reached after the signing of the contract.
The contracting parties may file an application for arbitration with
either an economic contract arbitration institution or a technical
contract arbitration institution.
For disputes over patent right, patent application right, patent
execution right, the right to use and transfer non-patent technological
achievement and the right of accomplishers of technical achievements,
the arbitration organization should entrust related scientific and
technological committee or patent control organization to make
conclusion before passing the ruling.
Article 119 The "arbitration award" mentioned in Article 51 of the
Technical Contract Law includes the letter of arbitration award and the
letter of mediation delivered to the parties concerned by arbitration
organizations.
If one party or both parties refuse to accept the arbitration award,
they may request the arbitration organization at a higher level or the
original arbitration organization for a review of the case. The
arbitration award after the review is final. If any party refuses to
implement the arbitration award within the prescribed time limit, the
other party may apply with the people's court for compulsory
enforcement.
Article 120 In the case of absence of any arbitration clauses in the
technical contract or any arbitration agreement in writing after the
contract is signed, either party may bring the case before the people's
court within the time limit stipulated in Article 52 of the Technical
Contract Law.
Article 121 If the parties concerned or persons of interests refuse to
accept the decision by an industrial and commercial administrative
organization to confirm a technical contract invalid or valid, they may
request the industrial and commercial administrative organization at a
higher level or the original industrial and commercial organization to
review the case. If they refuse to accept the conclusion after the
review, they may bring the case b上一页 [1] [2] [3] [4] [5] [6] [7] [8] 下一页
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