What requirements does a technology transfer contract have for the transferred technology?

In practice, everyone knows that Technology contracts can be transferred. However, in order to make the transfer contract legally binding and avoid disputes between the parties later, we often require the signing of a technology transfer contract. So next, the editor of Legal Savior Network has compiled some relevant information and worked with friends to understand what? requirements the technology transfer contract has for the transferred technology.

What are the requirements for the transferred technology in a technology transfer contract

1. Pay attention to the validity of patents and technical secrets;

The validity of a patent mainly reflects the transferred patent or licensed implementation The patent must be within the validity period; if it exceeds the limited period, it shall not be protected by law. The effectiveness of technical secrets mainly reflects confidentiality, that is, they are not known to the public and are the exclusive property of everyone. If the technology is already known to the public, it cannot be said to be a technical secret, and of course there is no transfer issue.

2. The relevant information about the technology should be clearly agreed upon;

Technology is the subject matter of the technology transfer contract, and the relevant information about the technology It should be stipulated in detail in the contract to facilitate implementation. Relevant information about the technology includes: the name of the technology project, the main indicators, functions or uses of the technology, key technologies, production processes, precautions, etc. These data show the inherent characteristics of the technology and are effective, and are also the basis for the parties to calculate royalties or transfer fees.

3. Scope of transfer or license;

The scope of transferring technology or licensing others to implement technology should be clearly defined. The optional clauses in the contract include: if the patent is transferred, it involves the change of the patentee, so its scope covers the whole country; if the patent is licensed, it must be clear in what area the patent can be used, and anything beyond that is a breach of contract; technical secrets If transferred, the transferor shall bear the responsibility of confidentiality, and its scope of use may be nationwide or only in a certain region.

4. Agreement on transfer fees;

Transfer fees include transfer fees and usage fees. In the case of patent transfer, the transferee shall pay the transfer fee. The transfer fee is calculated based on the actual value that the technology can generate, and a ratio is usually specified to facilitate operation. In the case of a license, the amount of the transfer fee or royalties will be considered based on factors such as the scope of use, production capacity, and whether it is exclusive. If the transferee fails to pay the usage fee as agreed, it shall make up the usage fee and pay liquidated damages as agreed; if it fails to make up the usage fee or pay liquidated damages, it shall stop the implementation of the patent or the use of technical secrets, return the technical data, and bear liability for breach of contract. . If the implementation of a patent or the use of technical secrets exceeds the agreed scope, and if a third party is authorized to implement the patent or use the technical secrets without the consent of the assignor, the breach of contract shall be stopped and the liability for breach of contract shall be borne; if the agreed confidentiality obligation is violated, the party shall be liable for breach of contract. Bear liability for breach of contract. In addition, different types of technology transfer have issues that should be paid special attention to when signing contracts.

I hope that through the above content you can understand the technology transfer contract Have a deeper understanding of issues related to technology transfer. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.