equivalent condi ons, unless otherwise agreed by the par es. Where a party to a coopera ve development waives the part of patent applica on right he owns, unless otherwise agreed by the par es, the other party may make the applica on, or the other par es may jointly make the applica on, as the case may be. Where the applicant(s) acquires the patent right, the party who has waived his right may exploit the patent free of charge. Where one party to a coopera ve development does not agree to apply for patent, the other party or par es may not apply therefor. Ar cle 861 The right to use and the right to transfer a work product containing technological know-how accomplished through commissioned development or coopera ve development, as well as the method for distribu ng the proceeds thereof, shall be agreed by the par es. 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, all the par es have the right to use and transfer the said work product, as long as no patent right has been granted on a same technological solu on, except that a researcher-developer of a commissioned development may not transfer the work product to a third person before he delivers it to the client. Sec on 3 Technology Transfer Contracts and Technology Licensing Contracts Ar cle 862 A technology transfer contract is a contract under which a lawful right holder of a technology assigns to another person the relevant rights in respect of a speci c patent, applica on for a patent, or technological know-how. A technology licensing contract is a contract under which a lawful right holder of a technology authorizes another person to exercise the relevant rights to apply and exploit a speci c patent or technological knowhow. The agreement in a technology transfer contract or a technology licensing contract on the provision of special equipment and raw materials for applica on of technology or on the provision of the relevant technology consulta on and technology service is a component part of the contract. Ar cle 863 Technology transfer contracts include the contracts for the transfer of patent right, the contracts for transfer of the right to apply for a patent, the contracts for transfer of technological know-how, and the like. Technology licensing contracts include the patent exploita on licensing contracts, technological know-how licensing contracts, and the like. Technology transfer contracts and technology licensing contracts shall be in wri ng. Ar cle 864 A technology transfer contract or a technology licensing contract may specify the scope to exploit the patent or to use the technological know-how, but may not restrict compe on or development of the technologies. Ar cle 865 A patent exploita on licensing contract is valid only within the period during which the patent is valid. Where the term of the patent right expires or the patent right is declared invalid, the patentee may not conclude a patent exploita on licensing contract rela ng to the said patent with another person. Ar cle 866 A licensor in a patent exploita on licensing contract shall permit the licensee to exploit the patent, deliver the technological materials related to the patent exploita on, and provide necessary technological guidance in accordance with the agreement. Ar cle 867 A licensee in a patent exploita on licensing contract shall exploit the patent in accordance with the agreement, may not allow a third person outside the contract to exploit the patent, and shall pay the agreed royal es. Ar cle 868 A transferor in a technological know-how transfer contract or a licensor in a technological know- ti ti ti ti ti ti ti fi ti ti fi ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti 93