system thereof. Technology development contracts consist of commissioned development contracts and coopera ve development contracts. A technology development contract shall be in wri ng. The relevant provisions on the technology development contracts shall be applied muta s mutandis to a contract concluded by the par es on the applica on and transforma on of a technological product with a value for prac cal use. Ar cle 852 A client of a commissioned development contract shall pay for the research and development fees and the remunera ons in accordance with the agreement, provide technological materials, make proposals for research and development, complete his tasks in the coopera ve work, and accept the work product of the research and development. Ar cle 853 A researcher-developer of a commissioned development contract shall work out and implement a research and development plan in accordance with the contract, make reasonable use of the research and development funds, complete the research and development work as scheduled, deliver the work product of research and development, provide relevant technological materials and necessary technological guidance so as to help the client comprehend the work product of the research and development. Ar cle 854 Where a party to a commissioned development contract defaults, thus causing the stoppage, delay, or failure of the research and development work, the party shall bear default liability. Ar cle 855 The par es to a coopera ve development contract shall make investments in a form agreed by the par es, including contribu on of the technology in investment, par cipa on in the research and development work by performing their respec ve du es, and coopera on in the research and development. Ar cle 856 Where a party to a coopera ve development contract defaults, thus causing the stoppage, delay, or failure of the research and development work, the party shall bear default liability. Ar cle 857 Where a technology which is the object of a technology development contract is revealed to the public by others, thus rendering the performance of the contract meaningless, the par es may rescind the contract. Ar cle 858 The par es to a technology development contract shall agree on the alloca on of risks of insurmountable technological di cul es arising in the performance of the contract which causes total or par al failure of the research and development. Where there is no such an agreement between the par es or the agreement is unclear, if it cannot be determined according to the provisions of Ar cle 510 of this Code, the par es shall share the risks in a reasonable way. Where a party nds that a situa on speci ed in the preceding paragraph exists which may cause total or par al failure of the research and development, he shall promptly no fy the other party and take appropriate measures to mi gate the loss. Where he fails to promptly inform the other party and take appropriate measures so that the loss is aggravated, he shall be liable for the aggravated part of the loss. Ar cle 859 Where an inven on is accomplished through commissioned development, the right to apply for patent thereof belongs to the researcher-developer, unless otherwise provided by law or agreed by the par es. Where the researcher-developer has obtained the patent right, the client may exploit the patent in accordance with law. Where a researcher-developer is to transfer his right to apply for a patent, the client has a priority right to acquire the right on equivalent condi ons. Ar cle 860 Where an inven on is accomplished through coopera ve development, the right to apply for patent jointly belongs to all par es to the coopera ve development. Where one party is to transfer the part of the joint patent applica on right he owns, the other par es have a priority right to acquire the right on ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ffi ti ti ti ti ti ti ti ti ti ti ti fi ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti 92

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents