技术合同类型案件汇编 | 法宝双语案例

目录

Contents

1.中国工商银行股份有限公司新疆维吾尔自治区分行与新疆消安电子工程有限公司技术服务合同纠纷再审案

Xinjiang Uygur Autonomous Region Branch, Industrial and Commercial Bank of China Co., Ltd. v. Xinjiang Xiaoan Electronic Engineering Co., Ltd. (retrial of case regarding dispute over technology service contract)

2. 长春奇龙生物技术研究所与香港国升实业有限公司等技术开发合同纠纷再审案

Changchun Qilong Institute of Biotechnology v. Guosheng (Hong Kong) Industrial Limited et al. (retrial of case regarding dispute over contract for technological development)

3. 北京合世阳光科技有限公司诉中国建材检验认证集团股份有限公司技术委托开发合同纠纷案

Beijing Heshi Sunshine Technology Co., Ltd. v. China Building Material Test & Certification Group Co., Ltd. (case regarding dispute over contract for commissioned technological development)

二、长春奇龙生物技术研究所与香港国升实业有限公司等技术开发合同纠纷再审案

Changchun Qilong Institute of Biotechnology v. Guosheng (Hong Kong) Industrial Limited et al. (retrial of case regarding dispute over contract for technological development)

【裁判要旨】

[Judgment Abstract]

Relevant laws and regulations do not clearly stipulate for the ownership after the rescission of a contract of technological achievements independently developed by some parties to the contract on the basis of their shared technology. However, a court may rule that such technological achievements should be owned by the party that made the achievements, provided that the parties to the contract cannot reach new agreements on this issue. This practice will, on the one hand, encourage non-breaching parties to further their research and development on the basis of their shared technological achievements and promote this process, and on the other hand, also reflects the principles of fairness and good faith.

【法宝引证码】CLI.C.8076390

[CLI Code] CLI.C.8076390(EN)

三、北京合世阳光科技有限公司诉中国建材检验认证集团股份有限公司技术委托开发合同纠纷案

Beijing Heshi Sunshine Technology Co., Ltd. v. China Building Material Test & Certification Group Co., Ltd. (case regarding dispute over contract for commissioned technological development)

【裁判要旨】

[Judgment Abstract]

In a contract for commissioned technological development, both parties have specified the costs for platform products, and agreed to include such costs in the total funds for project development while providing details in the appendixes of the contract. In addition, the requirements for losses and costs arising from change of database are also specified in the minutes of meeting. Where the client suffers any loss as a result of change of database by the commissioned party, the liability for breach of contract should be borne by the commissioned party, pursuant to their agreements.

【法宝引证码】CLI.C.9858080

[CLI Code] CLI.C.9858080(EN)