The dissemination for use of non-patented technical results achieved by collectively-owned units or by individuals, which are of major significance to the national or common social interest, shall, where necessary, by handled in accordance with the aforementioned provisions, following approval by the relevant State Council department in charge.
Article 8. The bodies responsible for administering technology contracts shall be stipulated by the State Council.
Formation, Performance, Modification And Termination of Technology Contracts
Article 9. The formation, modification and termination of a technology contract shall all be in written form.
Article 10. A technology contract shall be formed once the parties affix their signatures or personal seals to the contract. Where State regulations require approval by relevant organs, the contract shall be formed from the time of approval.
Article 11. The parties may stipulate guarantees for technology contracts. A contract under which a third party is guarantor shall be formed once the guarantor and guarantee affix their signatures or personal seals to the contract.
Article 12. The price or remuneration in a technology contract and its method of payment shall be stipulated by the parties to the contract.
Article 13. A party may appoint an agent to form a technology contract on his behalf. The appointing party shall provide the agent with a power of attorney. The agent shall, within the scope of authority granted to him by the appointing party, conclude a contract in the name of the appointed party.
Article 14. Any body which provides introductory services in the formation of a technology contract which complies with the provisions of this Law and abides by the principle of trust and integrity may accept reasonable compensation therefore.
Article 15. The articles of a technology contract shall be stipulated by the parties. They shall generally include the following items:
(1) Name of the project;
(2) Content, scope and requirements of the object of the contract;
(3) Performance plan, progress projection, duration, place, and method of performance;
(4) Confidentiality of technical information and data;
(5) Liability for risk;
(6) Ownership and Sharing of technical results;
(7) Standard and method of acceptance;
(8) Price or remuneration and method of payment;
(9) Method of calculation of penalties or damages;
(10) Dispute resolution method;
(11) Definition of names and technical terms.