Analysis Of The Risk Responsibility For Technology Development Contract

In2010, China’s technology markets around the industrial restructuring and development of high-tech industries, efforts to promote technology transfer and successful conversion, guide and support the innovative elements into enterprises, a large number of scientific and technological achievements through technology market trading value, the technology market contract transactions to maintain the steady and rapid development momentum. Technology market, give full play to the configuration of the basic role of scientific and technological resources, in promoting independent innovation, research cooperation, technology transfer, high-tech industries have made great progress throughout the year signed a total of229,601contracts, turnover of390.6billion yuan, accounting for0.98percent of gross domestic product (GDP), accounting for55.9percent of the National Research and Experimental Development (R&D) funding. The technology market has become an important link Contact technological innovation and economic growth, played an important supporting role in boosting the national economy steady and rapid growth.Cooperative increasing year by year, the total technology development contract to maintain rapid growth, signed a technology development contract in2010, the turnover of163.4billion yuan, accounting for a turnover ratio of41.8%for two consecutive years the top of the technology market has become the main force of the technology market. According to the statistics behind this project, only60%of the research and development programs to be technically successful, but only30%of the market, to market products only12%of profit. Knowledge-based economy and high-tech development, the risk of liability issues in the technology development contract will inevitably increasing.The basis of existing research, combined with the current judicial practice different points of view of risk attribution, from the burden of risk, risk transfer, risk identified three aspects of risk technology development contract responsibility for detailed analysis. The related issue of the new Branch Inc. v. Branch electricity case law applicable, in order to extend further analysis and research relating to the controversial issues. Combination of specific cases and legal analysis describes the unique characteristics of the technology development contract, a detailed explanation of the technology contracts, risk identification and responsibilities of the burden of responsibility attribution, and finally export enterprises in the technical development of how to effectively avoid and guard against the risk of technology development basic ideas.