Problems Needing Attention In The Introduction And Pfer Of Foreign Technology

< p > to engage in foreign technology trade activities, we must use "a href=" //www.sjfzxm.com/news/index_c.asp "> Contract < /a > to be able 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.

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< p > < < a href= > //www.sjfzxm.com/news/index_c.asp > Technical Trade > /a > activities, we must fully understand the independence of the two parties (buyer and seller), so as to avoid 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.

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< p > purchase foreign patent products, we must pay attention to whether to buy a right to use or to buy a continuous right to 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.

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< p > if you want to introduce technology, you must first put forward the idea, make the introduction of < a href= "//www.sjfzxm.com/news/index_c.asp" > project proposal < /a >; 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.

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< p > technology trade is a widely practised way of consultation. Both 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.

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< p > 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 (excessive purchase price).

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.

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< p > signing an import contract, you must know some basic terms of the contract. The technology import contract basically has the following basic clauses: < /p >

< p > (L) name and preface, that is, the technical name and the name of the parties to buy and sell, the legal addresses of both parties, the place of signing the contract, the time of signature and the terms of description.

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< p > (2) definition clause, that is, the key words in the contract are clearly defined.

It can make a separate chapter.

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

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

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< p > (5) the scope of use of the license, that is, the stipulations of the contract on the right to use, manufacture and sale of the importing party in the improvement of technology.

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< p > (6) patent and trademark terms, that is, the stipulation of patent and trademark in the contract.

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

< p > (8) technical service and assistance clause, that is, guidance and training for the service and assistance to the importing party.

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< p > (9) acceptance clause, that is, the acceptance of technical data and product acceptance, including delivery time, place, mode and product type, specification, quantity and so on.

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< p > (10) intelligence and confidentiality clause < /p >

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

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< p > (12) guarantee, breach of contract and remedy clause.

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< p > (13) arbitration clause.

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< p > (14) force majeure clause.

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< p > (15) term and termination clause.

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< p > we must carefully read, study and analyze the terms and conditions before signing the contract.

If necessary, invite experts from this field as consultants.

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