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Project name:
Transferee (Party A):
Transferor (Party B):
Signature time:
Signing place:
Validity period:
Printed by the Ministry of Science and Technology of the People's Republic of China
Fill in and explain
1. This contract is a technology transfer (technical secret) printed by the Ministry of Science and Technology of the People's Republic of China.
Secret) model text of the contract, the technology contract registration agency may recommend the parties to the technology contract for reference.
Two. This contract is applicable to the technical secrets owned by the Transferor to the Transferee, and it is clear that
Identify the right to use and transfer the technical secrets between the two parties, and the transferee shall pay the agreed fees.
Three, one party is multiple parties, according to their respective roles in the contractual relationship. ,
Under "Entrusting Party" and "Entrusted Party" (attached page), they are respectively arranged as * * * with transferee or * * * with transfer.
Four. Matters not covered in this contract can be separately agreed by both parties in the attached page, which is regarded as this contract.
Five, the parties to use this contract agreed not to fill in the terms, should be indicated in the terms.
Technology transfer (technical secret) contract
Transferee (Party A):
Place of residence:
Legal representative:
Project contact:
Contact information:
Mailing address:
Telegraph: transmitting the truth;
E-mail:
Transferor (Party B):
Place of residence:
Legal representative:
Project contact:
Contact information:
Mailing address:
Telegraph: transmitting the truth;
E-mail:
This contract belongs to Party B..
Technical secrets of the project (right to use and transfer)
Right) to Party A, and Party A shall be the transferee and pay the corresponding royalties. The two sides negotiate on an equal footing.
On the basis of truly and fully expressing their respective wishes, according to the Contract Law of People's Republic of China (PRC)
The following agreement is reached and both parties shall abide by it.
Article 1 The technical secrets transferred by Party B to Party A are as follows:
1. Scope of technical secrets:
2. Technical indicators and parameters:
3. The industrial development degree of this technical secret:
.
Article 2 In order to ensure Party A to effectively implement the technical secrets, Party B shall submit to Party A
1.；
2.；
3.；
4.。
Article 3 The time, place and method for Party B to submit technical data are as follows:
1. submission time:
2. Place of submission:
3. Submission method:
Article 4 The implementation or transfer of the technical secrets by Party B before the Contract comes into effect, such as
1. Implementation of this technical secret by Party B (time, place, method and scale):
.
2. The transfer of the technical secret by Party B to others (time, place, method and scale);
.
Article 5 Party A shall implement the technical secret within the following scope, manner and time limit:
1. Scope of implementation:
.
2. Mode of implementation:
.
3. Implementation period:.
Article 6 Party B shall guarantee the practicability and reliability of the technical secrets and technologies.
The secret does not infringe the legal rights of any third party. If a third party accuses Party A of implementing technology,
In case of secret infringement, Party B shall
.
Article 7 During the performance of this contract, as the technical secret has been made public by others (including
Unless the patent right is made public), one party shall notify the other party to terminate the contract within days.
Failing to notify within the time limit and causing losses to the other party, the other party has the right to claim compensation.
Article 8 Both parties determine that the confidentiality obligations to be observed due to the performance of this contract are as follows:
Party A:
1. Confidential contents (including technical information and commercial information):
.
2. Scope of confidential personnel:
.
3. Confidentiality period:
.
4. Leakage responsibility:
.
Party B:
1. Confidential contents (including technical information and commercial information):
.
2. Scope of confidential personnel:
.
3. Confidentiality period:
.
4. Leakage responsibility:
.
Article 9 Both parties confirm that Party B will apply for this technical secret within the validity period of this contract.
Where the patent is disclosed or made public by other means, the consent of Party A shall be obtained; Party B applies for the technical secret.
Where a patent is applied for and obtained, Party A has the right to continue to use it according to this contract.
Article 10 In order to ensure Party A to effectively implement the technical secrets, Party B shall provide Party A with
Technical services and technical guidance:
1. Contents of technical services and technical guidance:
.
2. Ways of technical service and technical guidance:
.
Article 11 Party A shall pay Party B the royalties and payment methods of the transferred technical secrets.
1. The total amount of technical secret use fee is:
Among them, the technical service fee and guidance fee are:
2. The technical secret use fee shall be paid by Party A (one-time, installment or royalty).
Pay party b.
The specific payment method and time are as follows:
( 1)
(2)
(3)
The name, address and account number of Party B's bank are:
Bank of deposit:
Address:
Account number:
3. Both parties confirm that Party A shall pay the commission to Party B from the income generated from the implementation of the technical secret.
If Party B permits the use fee, Party B has the right to use it as a fee.
Check Party A's relevant accounting accounts.
Article 12 Both parties confirm that Party B allows Party A to implement the technical secrets and provide technology.
Services and technical guidance shall be accepted according to the following standards and methods:
1.；
2.；
3.。
Article 13 Party A shall start to implement this technology within days after this contract comes into effect.
Covert action; If it fails to perform within the time limit, it shall notify Party B in time, make a reasonable explanation and obtain Party B's consent.
Recognition. Party A fails to implement the technical secret within the time limit and fails to explain it, which affects Party B..
If the proceeds from technology transfer are royalties, Party B has the right to demand Party A to pay liquidated damages or compensate for losses.
Article 14 Both parties confirm that during the performance of this contract, neither party shall
Restrict each other's technological competition and development;
1.；
2.；
3.。
Article 15 Both parties confirm that:
1. Party A has the right to use the technical secrets transferred by Party B for subsequent improvement, thus
New technological achievements characterized by substantial or creative technological progress belong to
The house is owned by (Party A and both parties). The specific distribution methods of relevant interests are as follows:
.
2. Party B has the right to further improve the technical secrets transferred to Party A ... the final furniture.
New technological achievements with the characteristics of substantial or creative technological progress belong to (Party B and Party B).
The party is owned by the party. The specific distribution methods of relevant interests are as follows:
.
Article 16 Changes to this contract must be agreed by both parties through consultation and confirmed in writing. However, under any of the following circumstances, one party may require the other party to change the rights and obligations of the contract.
If required, the other party shall give a reply within days; Fails to reply within the time limit, as agreed:
1.；
2.；
3.；
4.。
Article 17 Both parties agree to assume their respective liabilities for breach of contract according to the following agreements:
1. If Party A violates the provisions in Article of this contract, Party A shall
(Pay liquidated damages or losses.
Calculation method of loss compensation).
2. In case of violation of Article of this contract, Party A shall
(Pay liquidated damages or losses.
Calculation method of loss compensation).
3. In case of violation of Article of this contract, Party A shall
(Pay liquidated damages or losses.
Calculation method of loss compensation).
4. In case of violation of Article of this contract, Party A shall
(Pay liquidated damages or losses.
Calculation method of loss compensation).
Article 18 Both parties confirm that within the validity period of this contract, Party A shall designate
Party A is the project contact person and Party B is designated as Party B.
Party project contact person. The project contact person shall bear the following responsibilities:
1.；
2.；
3.。
If one party changes the project contact person, it shall promptly notify the other party in writing. Not timely
If the notice affects the performance of this contract or causes losses, it shall bear corresponding responsibilities.
Article 19 Both parties decide that it is unnecessary to perform this contract under the following circumstances
If necessary or impossible, this contract can be dissolved:
1. Force majeure occurs;
2.；
3.。
Article 20 Disputes arising from the performance of this contract shall be settled through negotiation and mediation.
If negotiation or mediation fails, it shall be settled in the following ways:
1. Submit to the Arbitration Commission for arbitration.
2. Bring a lawsuit to the people's court according to law.
Article 21 Both parties confirm that the relevant terms and expressions involved in this contract and related annexes are as follows
The definitions and explanations of technical terms are as follows:
1.；
2.；
3.；
4.；
5.。
Article 22 The following technical documents related to the performance of this contract have been approved by both parties.
After the mode is determined, it is the group of this contract.
1. Technical background information:
2. Feasibility report:
3. Technical assessment report:
4. Technical standards and specifications:
5. Original design and process documents:
6. Others:
Article 23 Both parties agree that other relevant matters in this contract are:
Article 24 This contract is made in duplicate, with the same legal effect.
Article 25 This contract shall come into effect after being signed and sealed by both parties.
Party A: (Seal)
Legal representative/entrusted agent: (signature)
date month year
Party B: (Seal)
Legal representative/entrusted agent: (signature)
date month year
(The following shall be filled in by the technical contract registration agency)
1. Applicant:
2. Application materials: (1)
(2)
(3)
3. Contract type:
4. Contract transaction amount:
5. Technology transaction amount: