Commissioned technology development contract
Client: _ _ _ _ _ _, hereinafter referred to as Party A;
Legal representative or person in charge: _ _ _ _ _ _ _;
R&D party: _ _ _ _ _ _, hereinafter referred to as Party B;
Legal representative or person in charge: _ _ _ _ _ _.
In accordance with the relevant provisions of the Contract Law of People's Republic of China (PRC), the Contract is signed by both parties through consultation.
Contract.
1. Project name: _ _ _ _ _ _.
(Note: This reference format is applicable to the research and development of new technologies, new products, new materials, new processes and their systems.
Send activities. )
2. The present situation, level and development trend of this technology development project at home and abroad: _ _ _ _ _ _.
3 research and development achievements should reach the technical level.
4. Main obligations of Party A:
(1) Study on the Contract Agreement for Paying the Agreed Project Investment (including R&D Funds and Reports) to Party B.
A certain proportion of development funds as research subsidies, can not be paid separately)
The total investment of the project is _ _ _ _ _ _ _.
In which: equipment cost _ _ _ _ _ _ _; Material cost _ _ _ _ _ _ _ _;
Energy cost _ _ _ _ _ _ _; Test fee _ _ _ _ _ _ _ _;
Trial production fee _ _ _ _ _ _ _ _; Installation fee _ _ _ _ _ _ _ _;
Adjustment fee _ _ _ _ _ _ _ _; Document preparation fee _ _ _ _ _ _;
(2) Pay the above-mentioned project investment in installments as follows: _ _ _ _ _ _ _.
(Note: The parties can usually choose the following payment methods: ① reimbursement method; (2) Finally,
Installment and one-time use; (3) "R&D funds"+royalty method).
(3) Provide Party B with the following technical background information and original data within _ _ _ days after the contract comes into effect:
(4) Party A shall provide Party B with the following assistance.
(5) Party A shall timely accept the research and development results of the following matters.
(Note: If there is a special agreement in the contract, the entrusting party is also obliged to provide the following assistance to the R&D party;
Provide research and development samples and molds, and put forward clear technical and economic indicators according to the application purpose and process.
Handling and testing samples; Installation, debugging and maintenance of process equipment, and organization of technical appraisal of results.
Wait a minute. )
5. Main obligations of Party B:
(1) Carefully formulate and implement the R&D plan.
The plan and progress of this R&D project (main technical problems solved by stages, goals achieved and completion)
The completion time is as follows: _ _ _ _ _ _.
The main research and testing methods and technical routes (including process flow) adopted in this R&D project are as follows:
_______。
(2) Rational use of R&D funds. The R&D funds used by Party B shall be earmarked and shall not be
We must use it for other purposes.
(3) Deliver the agreed research and development results to Party A on _ _ _ _ _.
Results (Note: Both parties may agree to submit the R&D results in one or more of the following ways);
(1) drawings, documents, reports and other technical documents such as product design, process specification and material formula; ② magnetism
Tape, disk, computer software; ③ New varieties of animals and plants and microbial strains; ④ Complete technical facilities.
(4) Provide the following necessary technical guidance and technical services _ _ _ _ _.
Note: If there is a special agreement in the contract, the R&D party is also obliged to provide the following cooperation to the client.
Item: Providing technical consulting services (such as market forecast, value engineering, feasibility demonstration, etc.). ); Entrusting party personnel
Conduct technical training; Providing information on the development of new technologies; Assist in formulating relevant operations and processes.
Rules; Put forward a summary report on technology development or organize technical appraisal of achievements; In addition, in the case of not hindering their own research and development
Under normal working conditions, I am obliged to accept the client's inspection of my performance of the contract and the use of funds.
In addition to fulfilling the above-mentioned main obligations, both parties may also agree on the conclusion and performance of the contract.
In the process of undertaking obligations, we should constantly inform the other party of the performance of the contract. Especially those who have doubts about the conclusion or performance of a contract.
Obstacles, such as information exchange obstacles, technical risks and R&D expenditure overruns or surpluses.
Wait).
6. Party A's liability for breach of contract:
(1) If Party A delays the payment of R&D funds, resulting in R&D stagnation and delay, Party B shall not
Take responsibility. Party A shall pay% of the total investment as penalty. Failure to pay within a certain period of time
If there is R&D funds or remuneration, Party B has the right to terminate the contract, and Party A shall return the technical data or related technologies.
Pay the remuneration due for technical achievements and pay the liquidated damages of _ _% of the total investment of the project.
(2) Party A fails to provide technical data, original data and cooperation matters as agreed in the contract or provides them.
There are major defects in technical data, original data and cooperation matters, which leads to stagnation, delay and failure of research and development.
Yes, Party A should bear the responsibility, but Party B found that the information and data provided by Party A were obviously wrong and unqualified.
If it is known that Party A has reviewed, corrected and supplemented, it shall bear corresponding responsibilities. Party A fails to provide technical data two months overdue,
If there are original materials and cooperation matters, Party B has the right to terminate the contract, and Party A pays the total investment of the project.
_ _ _% liquidated damages.
(3) If Party A fails to accept the work results within two months, Party B has the right to transfer or change them to a third party outside this contract.
Sell the work.
7. Party B's liability for breach of contract:
(1) If Party B fails to implement the R&D work as planned, Party A has the right to require it to implement the R&D plan.
And take remedial measures. If Party B fails to implement the R&D plan within two months, Party A has the right to terminate the contract. second
Party A shall pay a penalty of% of the total investment of the project.
(2) Party A has the right to stop and demand that R&D funds be used for purposes other than the performance of this contract.
Refund the corresponding research and development funds. Thus causing stagnation, delay or failure of research and development,
Party B shall pay liquidated damages of% of the total investment of the project and compensate for the losses. At the urging of Party A,
If the R&D funds are not returned within two months, Party A has the right to terminate the contract. Party B shall pay
Liquidated damages or compensation for losses caused to the entrusting party.
(3) If part or all of the research and development results do not meet the conditions agreed in this contract, Party B shall return part of the research and development results.
Or all the research and development funds, pay the liquidated damages of _ _% of the total investment of the project.
8. Ownership and sharing of R&D achievements:
The patent right of research and development achievements completed during the performance of this contract belongs to _ _ _ _ _.
Note (1): The party that obtains the patent right should usually allow the other party to exploit the patent free of charge and enjoy priority.
Transferred the patent right. )
Note (2): If neither party intends to apply for a patent for this research and development achievement, both parties may.
Agreement on the right to use and transfer non-patented technological achievements; If there is no agreement in the contract, both parties have it.
The right to use and transfer, but according to the law, the research and development party shall deliver the technological achievements to the entrusting party.
Before, it shall not be transferred to a third party. )
Note (3): If the parties concerned apply the common "generality" in the industrial property rights norms on the basis of mutual benefit and compensation,
"Licensing and investment" can be satisfactorily embodied by general licensing, exclusive licensing and exclusive licensing.
The relationship between. Namely:
(1) The entrusting party paid part of the research and development funds and remuneration, but for the technical achievements (including
Including patented technology and non-patented technology, the same below) enjoy free general enforcement rights; The developer keeps it for his own use.
Rights and rights transferred to third parties.
② If the entrusting party has paid all the research and development funds and remuneration to the research and development party, it can enjoy the technological achievements.
Have the priority to execute; The research and development party may reserve the right to use it by itself within the agreed time limit or scope, but shall not
Third-party transmission results.
(3) In addition to paying all research and development funds and remuneration to the research and development party, the entrusting party also paid about
Set the "patent fee", you can enjoy the safe use right of research and development results within the scope stipulated in the contract and
Transfer right (exclusive right); Research and development parties shall not use or transfer technological achievements to third parties.
Note (4): If the entrusting party intends to obtain the complete patent application right or patent right for this technical achievement, it may also.
To conclude another patent application right or patent transfer contract with the research and development party in accordance with the principle of consensus, equality and compensation.
9. Confidentiality clause:
During the validity period of this contract, both parties shall undertake the confidentiality obligation for the following technical data of this contract.
Within _ _ _ years after the expiration, both parties shall undertake the confidentiality obligation for the following technical data.
10. technical risk commitment:
During the performance of this contract, due to insurmountable technical difficulties, the research and development failed or partially failed.
, the resulting risk loss shall be borne by _ _ _ _.
When one party discovers the circumstances listed in the preceding paragraph that may lead to the failure of research and development or partial failure, it shall
Notify the other party and take measures to reduce losses. Failure to notify in time and take appropriate measures led to the expansion of losses.
, should be responsible for the expansion of losses.
1 1. acceptance criteria and methods: _ _ _ _ _ _.
12. Contract disputes and their solutions are as follows: _ _ _ _ _ _ _.
13. Explanation of nouns and terms: _ _ _ _ _ _ _.
This contract shall come into effect as of the date of signature and seal by both parties.
Person in charge of Party A (or authorized representative) Person in charge of Party B (or authorized representative)
Signature: _ _ _ _ _ (seal) Signature: _ _ _ _ _ (seal)
Signature time: _ _ _ _ _ Signature time: _ _ _ _ _ _
Signature place: _ _ _ _ _ Signature place: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _
Account number: _ _ _ _ _ Account number: _ _ _ _ _ _
Guarantor of Party A (name): _ _ _ Guarantor of Party A (name): _ _
Address: _ _ _ _ _ _ _ Address: _ _ _ _ _ _ _ _
Person in charge (or authorized representative)
Signature: _ _ _ _ _ (seal) Signature: _ _ _ _ _ (seal)
Signature time: _ _ _ _ _ Signature time: _ _ _ _ _ _
Signature place: _ _ _ _ _ Signature place: _ _ _ _ _ _
Bank of deposit: _ _ _ _ _ Bank of deposit: _ _ _ _ _ _