CHAPTER III CONTRACTS FOR TRANSFER OF TECHNOLOGY
@@ Article 14. The contract shall include the following main items:
(1) The names of items, the legal names of both parties, their
countries of registration, their legal addresses and the names and
positions of their authorized representatives;
(2) The definitions of the key terms;
(3) The content and scope of the technology, the inventory
of the technological data and the date of delivery. The inventory
shall include the documents referred to in Article 8 and Article 9
of these Regulations where a patent right is involved;
(4) The trademark that is used;
(5) The technological goal to be reached and the time limit and
measures to realize the technological goal, the implementing
plans and progress, technological service and technological training;
(6) Guarantee for technology and examination and acceptance;
(7) Maintenance of secrecy;
(8) The rights and duties of both sides to the improvement of
technology;
(9) The calculation and the means of payment for the
renumeration of technology;
(10) The liability for breach of the contract and compensation;
(11) Force majeure;
(12) Arbitration agreement or other measures for resolving disputes;
(13) The time limit, place and means of enforcement;
(14) The date and place of conclusion;
(15) Other matters considered necessary for both sides;
@@ Article 15. The contract annexes are inseparable constituent
parts of the whole contract and have the same legal effect as the
contract itself. The contract annexes generally shall include the
substantive contents, the technical parameters and quota of the
technology to be transferred; an inventory of the substantive
contents of the technological materials, the quantity, time and
means of delivery; the method of examination and acceptance of
the technology; the rules governing the sending of personnel by the
supplying side; the rules governing the supplying side's training of
the recipient side's personnel; the patterns of both sides'
letters of credit of the bank, etc.
@@ Article 16. The time limit of the contract shall correspond to
the time needed by the recipient side to master the introduced
technology, it shall not, in general, exceed ten (10) years. With
the agreement by both sides and submission of it to the Development
Zone Administrative Committee for approval, it may be appropriately
extended. Application for extension of the time limit of the
contract shall be put forward six months before the expiration of the
contract. The Development Zone Administrative Committee is to make a
written reply within one month from the date of receiving the
application.
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