Home >

Technical Cooperation Development Contract

2014/5/24 11:39:00 36

한국어 日本語 Français English 中文

Technology Cooperative Development Contract

Contract No.: "/p".

Party A: /p.

Residence: "/p".

legal representative: "/p".

project contact: "/p".

contact mode: "/p".

address: "/p".

Tel: /p.

Fax: "/p".

electronic mail box: "/p".

Party B: /p.

Residence: "/p".

legal representative: "/p".

project contact: "/p".

contact mode: "/p".

address: "/p".

Tel: /p.

Fax: "/p".

electronic mail box: "/p".

the parties to this contract have reached the following agreement on the basis of the "People's Republic of China contract law" on the basis of the joint participation in the research and development of the projects of the project, and on the basis of equal consultation, on the basis of full and sincere expression of their wishes.

item 1 .

Less than P.

second technical content, scope and requirements

1. technical content:

(1) new technology;

(2) new product;

(3) new process;

(4) new material.

2.: technical scope: /p.

3.: technical requirements:

Third Research and development plan

the cooperation between the parties in the research and development project is divided into the following tasks:

1. Party A:

(1) research and development contents: "/p".

(2) work progress: "/p".

(3) the duration of research and development: "/p".

(4) the research and development site is: /p.

2. Party B:

(1) research and development contents: "/p".

(2) work progress: "/p".

(3) the duration of research and development: "/p".

(4) the research and development site is: /p.

fourth the amount of research and development funds and their payment and settlement methods

(1) the parties have determined that the research and development funds and other investments of the contract project shall be provided or paid as follows:

1. Party A:

(1) means of payment or payment: "/p".

(2) the amount of payment or conversion to technology investment: "/p".

(3) mode of use: "/p".

2. Party B:

(1) means of payment or payment: "/p".

(2) the amount of payment or conversion to technology investment: "/p".

(3) mode of use: "/p".

(two) the total amount of research and development funding is: the gross domestic product (RMB: RMB).

Source of funds: this contract provides that the funds for the development of the project will be provided by the company, or the two sides will be provided by the ratio.

(three) payment

payment method: "/p".

(1) a lump sum payment: the time is: /p.

(2) payment in installments: time and money: time, time and time: "/p".

(3) according to the profit, the percentage will be deduct. The time limit is: /p.

(4) according to the sales volume, the percentage is deduct, the period is: /p.

(four) settlement mode

the settlement of funds includes the total amount of funds and the reimbursement of funds. The contract shall be settled in the following way: "/p >"

(1) when the contract funds are used, the surplus funds will be left to the trustee when the funds are left after the completion of the contract, and the funds will be insufficient and insufficient to be settled by the trustee itself.

And the trustee's remuneration should be included in the research and development funds for balances, and the client shall not pay separately.

If the two sides do not agree on the way of settlement, they shall be treated according to the contract.

(2) funds shall be reimbursed, and when the funds for research and development are insufficient, the principal shall supplement the payment, and the trustee shall return them in full when the funds are left.

fifth the property attribution of equipment, equipment and data purchased by research and development funds

belongs to the equipment, equipment and materials of Party A. It is "/p".

equipment, equipment and materials belonging to Party B: /p.

the equipment, equipment and materials that belong to both sides: "/p".

sixth the time, place and mode of performance shall be .

1. implementation period .

phase 1: from the year of the year to the end of the year, from January to.

second stage: from the year of the year to the end of the year, from January to.

third stage: from the year of the year to the end of the year, from January to.

2. place of performance: "/p".

if the place of performance is not specified or the agreement is not clear, it is presumed to be performed at the place where the developer is located.

3.: mode of execution: /p.

seventh confidentiality of technical information and information

1. Party A:

(1) confidential content (including technical information and business information): "/p".

(2) the scope of secret personnel is: "/p".

(3) duration of secrecy: "/p".

(4) responsibility for divulge secrets.

2. Party B:

(1) confidential content (including technical information and business information): "/p".

(2) the scope of secret personnel is: "/p".

(3) duration of secrecy: "/p".

(4) responsibility for divulge secrets.

3., Party A and Party B guarantee that confidential documents and materials, including business secrets, company plans, operational activities, financial information, technical information, business information and his trade secrets, which are learned from the other party in the course of discussion, signing and execution of this agreement, and can not be obtained from public channels.

Without the consent of the original supplier of the information and documents, the other party shall not disclose all or part of the business secret to any third party.

Unless otherwise stipulated by laws or regulations or otherwise agreed by both parties.

The duration of secrecy is the year of the year.

4. confidentiality clauses should not be contravene with laws and administrative regulations. The parties concerned have not agreed on confidentiality provisions. According to the contract law, the parties to a contract should also perform the legal obligation of confidentiality, otherwise, they will bear legal liability.

5. whether the contract is revoked, altered, cancelled or terminated, whether the contract is effective, the confidentiality clause of the contract is not subject to its restriction and shall continue to be valid.

eighth risk liability undertaking

1. in the performance of this contract, due to the technical difficulties which are difficult to overcome under the existing technical level and conditions, resulting in failure or failure of research and development, and causing losses to one party or both parties, the two sides shall bear the risk loss as follows: the parties confirm that the technical risk of this contract is determined by the way of "gross domestic product".

The basic conditions for identifying technical risks are:

(1) the contract item has enough difficulty under the existing technology level;

(2) Party B has no fault on the subjective side, and has decided that the failure of research and development is a reasonable failure.

(3) when a party discovers the existence of a technical risk and may lead to failure or failure in research and development, it shall notify the other party within the day of the period, and take appropriate measures to reduce the loss.

If no overdue notice has been taken, and the loss has been expanded, the liability for compensation for the extended losses shall be borne.

2., the standard of risk liability is:

(1) the subject has enough difficulty under the existing technology level;

(2) whether the R & D man fully exerts subjective initiative in research and development work;

(3) the appraisal conclusion of its experts in the same industry thinks that the failure of research and development is a reasonable failure.

3., the risk liability should be shared by the trustee or both parties.

4. when no agreement is made or the agreement is not clear, the agreement shall be supplemented by the two parties, and no supplementary agreement can be reached.

It is still uncertain that the risk liability shall be reasonably shared by both parties.

Attribution and sharing of technical achievements of ninth

the parties have determined that the final research and development technology achievements and their related intellectual property rights attributable to the performance of this contract shall be handled according to the mode of "/p".

1._________ party enjoys the right to apply for patent.

2. is handled in a technical secret way.

The right to use and pfer and the benefits arising therefrom shall be treated as follows:

(1) the right to use technical secrets: "/p".

(2) the right of pfer of Technical Secrets: "/p".

(3) the distribution of related interests:

3. the parties shall specifically agree on the ownership of the final research and development technology achievements and their related intellectual property rights arising from the performance of this Contract:

4. the use of patents and the distribution of relevant interests are as follows:

span style= "font-family:" Song body ";" font-size: ";" "" "" > "< < >", "song";

< --EndFragment-- > tenth acceptance criteria and methods

When p is accepted, both parties shall have the right to obtain the necessary technical data, test reports and data for carrying out the technological achievements, and require the other party to give necessary technical guidance and guarantee the conditions for the implementation of the technological achievements provided.

However, if the above services are required after termination of the contract, a technical consultation or technical service contract shall be made separately.

1. acceptance criteria:

item name: "/p".

standard number: /p.

release date: "/p".

technical indicators: "/p".

technical parameters: "/p".

2. method of acceptance: acceptance can be carried out by technical appraisement and expert technology assessment.

The acceptance certificate and document issued by the acceptance party shall be the basis for the acceptance of the contract.

eleventh, in order to ensure the fulfilment of this contract, the parties have decided to organize and manage the research and development work in the following ways:

twelfth parties have confirmed that each of them provides the following technical data and conditions for research and development of the contract item:

(a) Party A:

1. list of technical data: "/p".

2. provides the time and the way: "/p".

3. other matters of cooperation:

(two) Party B: /p.

1. list of technical data: "/p".

2. provides the time and the way: "/p".

3. other matters of cooperation:

after the performance of this contract is completed, the above technical information and conditions shall be handled in the following way: "/p".

thirteenth contract changes .

the change of this contract must be agreed by the parties and be determined in writing.

In case of any of the following circumstances, one or more parties may make a request to the other partners to change the rights and obligations of the contract, and other partners shall reply within days of the "/p".

1._________;

2._________;

3._________.

fourteenth contract pfer .

without the consent of other partners, one or more parties shall not assign part or all of the research and development work of the contract to the third party.

However, under one of the following circumstances, one or more parties may pfer part or all of the research and development work of the contract project to third parties without the consent of other partners:

1._________;

2._________.

fifteenth notices

in the course of the performance of this contract, the other party shall notify the other partners of the contract to terminate the contract because the technology as research and development target has been published by others (including the patent right).

If any other party fails to make a notice after the notice is overdue, the other partners shall have the right to claim compensation.

sixteenth rights and obligations of the parties:

(1) obligation

1. the parties to a partnership shall invest in accordance with the agreement, including investment by technology;

2. the parties to a cooperation shall participate in research and development work in accordance with the agreement;

3. the parties should cooperate and complete the research work.

(two) rights

1. the right to put forward rationalization proposals for R & D work;

2., according to the actual situation of research and development, it is necessary to make the right to modify the plan of the research and development projects;

3. has the right to supervise and inspect the use of funds for cooperative development and investment;

4. has the right to send personnel to participate in the coordination and guidance body composed of representatives of all parties, and have the right to make decisions and make decisions on the decision-making and coordination of major issues;

5. the invention invention created by cooperative development has the right to apply for patent and has the prior right of assignment when the other party pfers the right of rights;

6., a party who renounces the right to apply for a common patent shall have the right to free its patent right after the other party applies for the patent right;

7. the parties to joint research and development jointly enjoy the development and research results and have the beneficial right in the use and pfer.

seventeenth liability for breach of contract

1. in the cooperative development, any party who fails to invest in violation of the contract or fails to perform other contractual obligations, resulting in stagnation and delay in the research and development work, the party concerned shall compensate for the losses caused to the other party or other parties.

In the 2. cooperative development contract, one party invested by technology and the third requested infringement on the technology of investment cooperation. If the cooperative development contract is terminated, the other party has the right to claim the liability for breach of contract and pay the penalty for breach of contract. Therefore, the loss should also be compensated.

3.. If a party fails to perform the contract correctly, the other party may request the party to take remedial measures to continue to perform the contract. If it still fails to perform, the other party may refuse to continue to participate in the research and development work, and the party shall also compensate the other party for the losses suffered thereby.

4. the parties to the cooperative development contract shall bear the obligation of confidentiality for the investment secrets of the parties involved in the cooperative development contract, the technical and technical information they have published, and the breach of the obligation of confidentiality, causing losses to the other parties of the contract, which shall be liable for compensation. This liability may be the liability of the contract, or the liability for breach of contract.

eighteenth parties have confirmed that any party or party breaches the obligations stipulated in this contract, causing the other partners to stagnate, delay or fail in the research and development work, and shall bear the liability for breach of contract according to the following terms:

(a) Party A:

1., in violation of the stipulate of the contract, we shall pay the penalty for the breach of contract.

2., in violation of the stipulate of the contract, we shall pay the penalty for the breach of contract.

(two) Party B:

1., in violation of the stipulate of the contract, we shall pay the penalty for the breach of contract.

2., in violation of the stipulate of the contract, we shall pay the penalty for the breach of contract.

nineteenth follow up improvement

the parties have determined that any party has the right to carry out subsequent improvements with the technical achievements of the contract project.

The resulting new technological achievements with the characteristics of substantive or creative technological progress are owned by the parties.

Specific allocation of related interests is as follows:

1. in the validity period of the contract, any party shall make timely notice to the other party on the improvement of the technical target of the contract;

2. is a substantial improvement and development. The right of patent application belongs to the improvement party, and the improvement party shall give priority to the other party at the preferential price.

3. on the basis of the original minor improvements, the two sides provide free use of each other;

4. for the improvement of the contract technology and the application of the patent by the improved party, the other party shall keep confidential the technology of improvement, and have no right to pfer the technology to others without authorization, nor have the right to apply for a patent;

5. the two sides have made significant improvements to the cooperation technology, and the patent application belongs to both sides;

6. the common technical achievements that have not been patented jointly by the two sides need to be dealt with by the two parties separately to deal with the problem of sharing the right to use and benefit.

twentieth item contact

in order to perform this contract effectively, the parties have decided that Party A shall appoint Party A / B / C as the contact person of Party A within the validity period of this contract.

project contact person shall bear the following responsibilities:

If a party changes its project contact, it shall notify the other parties in writing promptly and in writing.

Failure to notify in time and affect the performance or loss of the contract shall bear corresponding responsibilities.

twenty-first contract rescission .

the parties confirm that the performance of this contract becomes unnecessary or impossible if the following circumstances occur, one party may notify the other party to terminate this contract;

1., due to force majeure or technical risk;

2., Party A and B terminate this contract through written agreement;

3. at the end of the contract period, Party A and B will no longer renew this contract;

4. before the expiration of the contract period, the parties expressly express or show their obligations in breach of their obligations in accordance with their own actions;

5. the principal obligation of a party to delay performance of the contract has not been fulfilled within a reasonable time after being urged, and

6. the parties have other breach of contract or illegal act, resulting in the purpose of the contract can not be realized;

7._________.

twenty-second dispute handling

disputes arising from the execution of this contract shall be settled through consultation and mediation.

If negotiation or mediation fails, it shall be determined according to the following way: "/p >"

(1) submitted to the Arbitration Commission of the Arbitration Commission; arbitration > /p >

(2) bring a lawsuit to the people's court according to law.

twenty-third, the parties confirm: the terms and technical terms involved in this contract and related annexes are defined and explained as follows:

1. "technology development contract" refers to contracts between parties concerned on research and development of new technologies, new products, new processes or new materials and their systems.

The contents of technology development include new technologies, new products, new processes or new materials, research and development of their systems, and implementation of scientific and technological achievements with industrial application value.

The new technologies, new products, new processes or new materials and systems mentioned herein refer to the technical solutions of the products, processes, materials and systems that the parties have not yet grasped in the technical development contract. If the technology is not innovative, they are only contracts for the existing product shape, process change, material formulation adjustment, and inspection, testing and use of technological achievements, and are not listed in the technology development contract.

2. "attribution and sharing of technological achievements" refers to the problems of technological discovery, technological inventions and other technological achievements, how to use and the distribution of benefits arising from technological development contracts.

3. "technology development contract target" refers to new technological achievements, including new technologies, new products, new processes, new materials and systems.

4. "cooperative development contract" refers to a contract that two or more than two citizens, legal persons and other organizations jointly contribute and participate in the joint research and development of the same research and development project and enjoy joint benefits and risks together.

(1) "new technology" refers to technology that has achieved breakthroughs and progresses in performance over the first time in a certain period of time.

(2) "< a href=" //www.sjfzxm.com/news/index_c.asp > new product < /a > means products that have been significantly improved compared with the old ones in terms of principle, structure, physical properties, chemical composition, material, function and use.

(3) "new technology" refers to the manufacturing process that meets the requirements of product design in production practice, enables the product to meet the high efficiency, low energy consumption, shorten the production process, improve the working conditions and improve the economic benefits.

(4) "new materials" refers to the increase of new varieties of materials and the improvement of material properties.

Systems refer to systems engineering that includes new technologies, new products, new processes and new materials, such as automated production system engineering, satellite system engineering, etc.

4. "acceptance" means that after the completion of the technology development contract, the parties or the parties confirm that the completed technical achievement is in compliance with the technical and economic targets specified in the contract.

5. "a href=" //www.sjfzxm.com/news/index_c.asp "> clearing mode < /a >, including settlement of funds and reimbursement of funds.

twenty-fourth the following technical documents relating to the performance of this contract shall be confirmed as part of the contract after the confirmation by the two parties by way of "/p".

1., technical background data: "/p".

2. feasibility argumentation report: "/p".

3. technical evaluation report: "/p".

4. technical standard and specification: "/p".

5. original design and process documents: "/p".

6.: the other two are:

twenty-fifth supplement and annex .

if the contract has not been completed, according to the relevant laws and regulations, and if the laws and regulations have not been provided for, the two parties may reach a written supplementary contract.

The annexes and supplementary contracts of this contract are integral parts of this contract and have the same legal effect as this contract.

twenty-sixth < a href= "//www.sjfzxm.com/news/index_c.asp" > Contract < /a > effectiveness

this contract shall come into force on the day of signature by both parties or their authorized representatives and the official seal or special seal of the contract.

It is valid for the year of the year.

the original contract of this contract is a copy of the contract. The two parties have the same legal effect.

Party A (Gai Zhang): the second party is (Gai Zhang): "/p".

legal representative (signature): the legal representative (signature) of the company is: "/p".

place of signature: the place where the sign is to be signed: "/p".

the year of the year, the month, the day, the hour, the hour, the hour, the time, the time, the time, the time, the time, the time, and the time of the year. /p