中华人民共和国技术合同法（二十）
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Article 49. If the commissioning party in a technical service contract is in breach of contract, affecting the progress and quality of the work and does not accept or is late in accepting the results of the service work, it shall pay the remuneration in full. If the service party in a technical service contract fails to complete its service as stipulated by the contract, it shall not be paid and shall pay a penalty or damages. Article 50. Any new technical results achieved by the advising party or service party during the performance of a technical consultancy or technical service contract and utilizing technical data and work facilities supplied by the commissioning party shall belong to the advising party or the service party. Any new technical results achieved by the commissioning party by utilizing the results of the work of the advising party or the service party shall belong to the commissioning party, unless otherwise stipulated by the contract. CHAPTER VI Arbitration And Litigation of Technology Contract Disputes Article 51. Disputes arising from technology contracts may be resolved by the parties through consultation or mediation. If the parties are unwilling or unable to resolve the dispute through consultation or mediation they may, in accordance with the arbitration clause of the contract or a subsequently concluded arbitration agreement, request arbitration by an arbitral organ stipulated by the State. If one party fails within the designated time to perform the terms of an arbitration award granted by the arbitral body, the other party may apply to a people's court for enforcement of the award. If the parties have not included an arbitration clause in the contract and have not subsequently concluded an arbitration agreement, they may initiate litigation in a people's court. Article 52. The period of limitation of actions with regard to disputes arising from a technology contract and the limit for application for arbitration shall be one year, to be calculated from the day a party becomes aware or should become aware of the violation of its legitimate rights or interests. CHAPTER VII Supplementary Provisions Article 53. The Economic Contract Law shall not apply to technology contracts formed after the implementation of this Law. Article 54. The State Council departments in charge of science and technology may formulate implementing rules on the basis of this Law. These implementing rules shall be implemented following approval by the State Council. Article 55. This Law shall come into force on November 1, 1987. |
