Contract Law of the People's Republic of China
Author:sipoIssuing Date:2008-01-24 13:28:30Source:sipo
Article 331 The commissioning party to a commissioned development contract shall pay for the research and development expenses and the remuneration, supply technological materials and original data, accomplish coordinating tasks and accept the result of research and development on time according to the terms of the contract.
Article 332 The party responsible for research and development shall, according to the terms of the contract, formulate and implement a research and development plan, use the research and development budget in a reasonable way, complete the research and development on time, deliver the achievement according to the schedule, provide relevant technological materials and necessary technical guidance and assist the commissioning party in mastering the achievement of the research and development.
Article 333 Where the commissioning party violates the contract and causes a standstill, delay or failure in the research and development work, such party shall be liable for the breach of contract.
Article 334 Where the party responsible for research and development violates the contract and causes a standstill, delay or failure in the research and development work, such party shall be liable for the breach of contract.
Article 335 Parties to a cooperative development contract shall, make the investment according to the terms of the contract including making investment by way of technology contribution, taking part in the research and development in light of the division of labor according to the terms of the contract, and cooperating with other parties to the contract in the research and development work.
Article 336 Where a party to a cooperative development contract violates the contract and causes a standstill, delay or failure in the research and development work..
Article 337 Where the targeted technology in a technology development contract has been made public by others, which makes the performance of this technology development contract meaningless, the parties may rescind the contract.
Article 338 The liability for risks involved in a failure or partial failure in the research and development resulting from insurmountable technical difficulties occurring in the process of performing a technology development contract shall be agreed upon by the parties to the contract. In the absence of such an agreement in the contract or in case of ambiguity of such agreement, nor can it be determined according to the provisions of Article 61 of this Law, such risk liability shall be shared reasonably by the parties.
Where one party discovers that the situation stipulated in the preceding paragraph is likely to result in a failure or partial failure in the research and development, the party shall promptly inform the other party of the situation and take appropriate measures to reduce losses. Where the party fails in making the notice and taking appropriate measures, and thus enlarging the losses, it shall be liable for the enlarged losses.
Article 339 With respect to inventions and creations achieved in the performance of a commissioned development, the right to apply for a patent belongs to the party that undertakes the research and development, except as otherwise agreed upon by the parties. Where the party that undertakes the research and development is granted a patent right, the commissioning party may exploit the patent for free.
Where the party undertaking the research and development transfers the right to apply for a patent, the commissioning party shall have the right to priority in acquiring such right on equal conditions.
Article 340 With respect to inventions and creations in cooperative development, the right to apply for a patent shall be jointly owned by the parties who participated in the cooperative development, except as otherwise agreed upon by the parties. Where one party transfers its part of the jointly owned right to apply for a patent, the other party or parties may have the right to priority in acquiring such right on equal conditions.
Where one party to the cooperative development contract declares that it renounces its part of the shared right to apply for patent, the other party may apply for it alone or the other parties may apply for it jointly. Where a patent is granted to the applicant, the party that renounced its right to apply for a patent may exploit the patent for free.
Where one party to a cooperative development contract declares that it renounces its part of the shared right to apply for a patent, the other party may apply for it alone or the other parties may apply for it jointly. Where a patent is granted to the applicant, the party that renounced its right to apply for a patent may exploit the patent for free.
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