A model of a know how license contract and what is included in the technology license contract

A technology licensing contract, also known as a "license agreement". It refers to an agreement in which the transferor licenses the transferee to use its patented technology or know-how under the agreed terms and within the agreed scope, and the transferee must pay the agreed fee. It is the main form of technology transfer contract.

1. What should be included in the technology transfer contract.

The technology transfer contract should contain the following:

1. The content, requirements and industrialization procedures of non-patented technology for the transfer of technology secrets;

2. The technical information of the transferred technical secrets, the materials provided and the time limit, place and method of submission;

3. The scope of the use of non-patented technology;

4. Transfer fees and payment methods;

5. Liability for breach of contract;

6. The content of technical guidance;

7. Provide and share follow-up improvement technologies.

2. Types of Blind Ideas in Technology Transfer Contracts.

The types of technology transfer contracts include: patent transfer contracts, patent application right transfer contracts, technology secret transfer contracts and patent exploitation license contracts. A technology transfer contract is an agreement in which the transferor transfers the ownership or right to use a certain technological achievement to the transferee, and the transferee must pay the agreed price or royalties.

3. What are the types of technology transfer contracts?

The following types are included:

1.Patent assignment contract. A patent transfer contract refers to a contract concluded by the patentee, as the assignor, transfers the ownership or holding of the invention-creation patent to the transferee, and the transferee pays the agreed price.

2.Contracts for the assignment of the right to apply for a patent. A contract for the assignment of the right to apply for a patent refers to a contract concluded by the transferor in which the transferor transfers the right to apply for a patent for a specific invention or creation to the transferee, and the transferee pays the agreed price.

3.Contracts for the transfer of technical secrets. A technology secret transfer contract refers to a contract in which the transferor provides the transferee with the technical secret achievements it owns, specifies the right to use and transfer the technical secret achievements between them, and the transferee pays the agreed royalties.

4.Patent exploitation license contract. A patent exploitation license contract refers to a contract entered into by the patentee or its source seeker as the transferor to license the transferee to implement its patented technology within the agreed scope and the transferee to pay the agreed royalties.

Article 862 of the Civil Code of the People's Republic of China provides that a technology licensing contract is a contract entered into by the owner of the right to lawfully own the technology and license the relevant rights of the existing specific patents and technical secrets to others for implementation and use.

The main contents of the technology license contract are:

1.Explanation of nouns and terms.

2.The name, content, scope and requirements of the project group.

3.The plan, pace, duration, location, geography and manner of fulfillment.

4.Rights and Obligations of the Parties. In addition to stipulating the main rights and obligations of both parties, it should also stipulate how the two parties cooperate with each other and how they will work with each other. In general, a project representative should be appointed to exercise rights and perform obligations.

5.The confidentiality of information and information of the technical brother's concealment technique. Confidentiality clauses are very important clauses in technology contracts, and confidentiality obligations should also be between the two parties, not unilateral.

The confidentiality clause shall define technical secrets and commercial secrets, and shall stipulate the scope, methods, procedures for handling confidentiality, duration of confidentiality, and remedies for loss of confidentiality.

6.Assumption of Risk Liability. The necessary clauses in technology development contracts shall distinguish between technical capabilities and technical risks, and clearly stipulate the assumption of risk responsibilities and measures to control the risks.

1. Characteristics of technology licensing contracts.

The characteristics of a technology licensing contract are:

1.The licensed use of technical secrets is called the transfer of technical secrets in China's Civil Code, but this statement is not rigorous. The chapter of China's Civil Code on the transfer of technical secrets is actually related to the license contract for the use of technical secrets.

2.The license to use a technical secret means that the owner of the right to the technical secret retains the ownership, the right to benefit and the right to dispose of the overall rights, and licenses the technical secret to others under certain conditions.

3.Starting from the ownership of the right holder of the technical secret, the licensee's acceptance of the use license indicates that the licensee respects the rights of the right holder and accepts the legal constraints of the right holder.

Principles followed in the signing of technical contracts:

1.Comply with laws and regulations, and uphold the principle of public order. This is the basic principle that the parties to a contract must comply with in order to enter into a contract.

2.The principles of voluntariness, equality, fairness, honesty and credibility. These principles apply to the conclusion and performance of all types of contracts.