Technology refers to the operation methods and skills of all material equipment in nature, based on production practical experience and scientific principles. Technical contracts are the contracts that have established rights and obligations between technological development, transfer, consultation, or service. Although technical contracts can be divided into a variety of, technical development contracts, technical transfer contracts and technical consulting and service contracts, but as one of the technical contract, all of which have the following characteristics:
(1) The subject matter of the technical contract is not a general commodity or labor, but condenses the creative technical results of human wisdom.
(2) At least one party of the technical contract is an legal person or natural person who can use its own technical force to engage in technology development, technology transfer, providing technical advice and services, and its main body is particularly specific.
(3) The technical contract reflects the technical results in the exchange of creditor relationships, so the technical contract should be adjusted by the contract law; due to the technical contract, the contractual relationship is based on technology development, transfer, service, and thus labor ownership The adjustment of the intellectual property system should be accepted.
(4) Technical contract is dual-service and paid contracts. In the technical contract, both parties have the corresponding obligation, so it is a two-service contract. The technical contract parties have benefited from the other party and must pay a certain price to the other party, so it is a paid contract.
