Technology Development Contract (4)

Technology Development Contract (3)
Party A: _______
Legal representative or person in charge: ________
Party B: _______
Legal representative or person in charge: ________
According to the relevant provisions of the "Contract Law of the People's Republic of China", this contract is signed by both parties through consensus.
1. project name:_____. (Note: This reference format is applicable to research and development activities of new technologies, new products, new materials, new processes and their systems.)
2. The current status, level and development trend of this technology development project at home and abroad: __________________.
3. The technical level that this research and development achievement should reach: __________________.
4. Total investment:____________
Party A invests ___________;
Party B invests ___________;
Among the total investment amount: Party A accounts for ____%; Party B accounts for _____%.
(Note: The so-called investment includes not only the material investment by currency, equipment, and site, but also the technology investment by patent technology and non-patent technology. If the investment is made in a form other than currency, it should be converted into the corresponding amount. Clarify the proportion of the parties in the investment).
5. The specific division of labor between the two sides:
(1) Party A is responsible for: _______
(2) Party B is responsible for: _______
(Note: All parties should participate in the research and development work according to the contractual division of labor and their own technical strength, jointly formulate research and development plans, jointly solve problems in research and development, or undertake design, process, test and trial production according to division of labor. Research and development work at different stages or in different parts, and cooperate with other parties until the completion of the research and development project. Any party, the obligations that must be fulfilled by the contractual agreement or the decision of all parties must be earnestly fulfilled.)
6. Privacy Policy:
Both parties shall bear the confidentiality obligation for the following technical materials during the validity period of the contract _____
The parties shall bear the confidentiality obligation for the following technical materials within ____ years after the completion of the contract.
7. Liability for breach of contract by both parties:
(1) If either party fails to invest in accordance with the contract and causes the research and development work to stagnate, delay or fail, the defaulting party shall pay the other party a penalty of ___% of the total amount of the project;
(2) If either party does not participate in the research and development work according to the division of labor as agreed in the contract or fails to complete the cooperation with other parties in accordance with the contract, the defaulting party shall pay the other party a penalty of ___% of the total investment of the project.
(3) If either party violates the agreed confidentiality obligations, the defaulting party shall bear the ___ liquidated damages to the other party, and if it causes losses to the other party, it shall compensate for the losses.
8. Result attribution and sharing:
The patent right to perform the research and development results completed in this contract is shared by both parties:
Note 1: The parties may agree on rights and obligations according to the specific circumstances:
(1) If one party transfers its joint patent right, the other party or other parties may give priority to the patent application rights that it shares:
(2) If one of the parties to the cooperative development declares to waive its joint patent application right, it may be applied by the other party alone or jointly by other parties.
(3) After the patent for invention is granted, the party that waives the patent application right can obtain the ordinary implementation license of the patent for free.
(4) If one party does not agree to apply for a patent, the other party or other parties may not apply for a patent.
Note 2: The right to use, transfer and benefit distribution of non-patented technical achievements completed by contract development shall be agreed by the parties in the contract. If the contract is not agreed, the parties have the right to use or transfer. Unless otherwise agreed, the other party or the remaining parties have no right to request sharing of the proceeds from the use and transfer of the results by one party.
Note 3: In practice, there are mainly the following cases in which the parties to the cooperative development contract share the results of the contract:

(1) The right to apply for a patent for research and development results is not shared by all parties but belongs to one party. However, a party enjoying the right to apply for a patent may, in accordance with the contract, make appropriate compensation for the economic benefits thus obtained to other parties.
(2) When transferring the research and development results to a third party outside the contract, the parties involved in the cooperative development shall agree by consensus, and the economic benefits obtained shall be shared by all parties.
(3) Under special circumstances, the parties may also agree on the share of the right to share the technical achievements and the patent application rights they have in the contract. For example, the research and development results (or phased results) generated in each major stage of technology development (laboratory development stage, production process development stage) stipulate their respective rights.
(4) It is agreed that one of the parties shall have exclusive right to use or transfer the results of the cooperative development, but the party that has obtained this right shall pay the agreed price to the other parties.
9. The risk-taking principle of the cooperative development contract:
In the process of fulfilling this cooperative development contract, if the research and development fails or partially fails due to insurmountable technical difficulties, the risk responsibility shall be reasonably shared by the parties according to the following proportions: Party A shall bear ___%; Party B shall bear ___%.
10. The solution to the contract dispute: __________.
11. Interpretation of nouns and terms: _________
This contract shall become effective on the date of signature and seal by both parties.
Party A (or authorized representative) signature: ______ stamp: ______ Signing time: _____ Signing location: ______ Account bank: ______ Account name: _____ Account: ________ Party guarantor (name): _______ Address: _______ person in charge ( Or authorized representative) Signature: _______ Stamp: ____ Signing time: _____ Signing location: ______ Bank of deposit: ________ Account number: ________
Signature of the responsible person (or authorized representative) of Party B: _______ Seal: ______ Signing time: ________ Signing place: ________ Bank of deposit: ______ Account number: ______ Party guarantor (name): ________ Address: ________ Person in charge (or authorized representative) Signature: ______ stamp: ______ Signing time: ____ Signing location: ______ Bank of deposit: _______ Account number: ______