Introduction And Pfer Of Foreign Related Technology

To engage in foreign-related technology trade activities, it is necessary to use the contract to be fixed so as to be protected by relevant laws.

In international technology trade, the licensing trade is often used, that is, the technology exporter (the rental witness) sells his technology right through the license agreement to the technical importer (purchase witness).

The contract between the two parties is the license agreement, which is both a legal document of the power and obligation of both parties, and a commercial document such as pfer of technology and support cost by both parties.

In the process of technology trade, we must fully understand the independence of the two parties (buyers and sellers) of the technology paction, so as not to cause misunderstanding afterwards.

Generally speaking, the buyer can be divided into resale license, non resale license and exchange license (exchange technology) if the buyer can reassign the technology.

To buy foreign patent products, we must pay attention to whether to buy the right of use or to buy the right of continuous use.

The same is true of the right to purchase trademarks.

Now, the acquisition of proprietary technology from abroad, especially the complete set of equipment, such as various electrical production lines, raw material processing lines, and so on, is also a technology import.

If we want to introduce technology, we must first put forward the idea, draw up the proposal for the introduction of the project, and then conduct an investigation and study to analyze its feasibility. Finally, on the basis of serious negotiations, the buyer and the seller sign the contract.

In the process of technology introduction, etiquette mainly lies in negotiation and contract signing.

It is a widely practiced way of consultation, and the parties must negotiate face-to-face.

In technical negotiations, it is necessary to grasp all the information that may be obtained from the technology, including comparative research materials and information about this technology, so that we can take the initiative and speak in a definite direction in the negotiations.

In business negotiations, we should adopt a flexible strategy to create a friendly atmosphere of mutual trust, but we must not rush to make a deal, so as not to suffer losses.

Generally speaking, if the other party is too expensive to refuse to decline, it can suspend the negotiations until the two sides have reached a deadlock.

To buy a technology, you can choose several companies as objects, understand their selling price separately, and choose the best ones from them.

This is the best way.

In negotiations, we must use our own contract to negotiate with each other, and we must not rush to undertake the whole contract.

When signing an import contract, we must know some basic terms of the contract.

(L) the name and preface, that is, the technical name and the name of the buyer and the seller, the legal address of the parties to the contract, the place of signing the contract, the time for signing the contract and the terms of description.

(2) defining terms, namely, explicitly defining the key words in the contract.

It can make a separate chapter.

(3) content and scope conditions, including the pfer of technology scope, performance and technical data.

(4) improvement and development clause, that is, after the improvement and development of the technology, the two sides should exchange freely.

(5) the scope of license use, that is, the contract stipulates the importing party in improving the right to use, manufacture and sale of technology.

(6) the terms of the patent trademark, that is, the provisions on patents and trademarks in the contract.

(7) the terms of price and payment, that is, the price of the technology and the way to pay the money (whether it is one-time payment or batch payment).

(8) technical services and assistance clauses, including guidance and training for the service and assistance of the importing party.

(9) acceptance terms, that is, the acceptance of technical data and the acceptance of products, including delivery time, place, mode and product type, specification, etc.

And so on.

(10) intelligence and confidentiality provisions

(11) provision of capital goods, intermediate goods, spare parts, components or raw materials.

(12) terms of guaranty, breach of contract and remedy.

(13)

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(14) force majeure clause.

(15) term and termination clause.

Only after careful reading, research and analysis of the terms and conditions can we sign the contract.

If necessary, invite experts from this field as consultants.