Commissioned Development Technology Risk Sharing Rules Apply

With the development of science and technology innovation,technology development has gradually become a measure of enterprise innovation ability,because of the influence of the current market environment and technology environment,formed to institute for technology research and development of colleges and universities,for enterprise funds into party commissioned development model for technology research and development work.Due to the specialization and complexity of the technology itself,in the process of technology development in part or all of the failure occur frequently in the risk of failure,because of the risk and bring a series of technical development of the dispute is also growing.However,in addition to the "contract law" mentioned in article 338 of the technology to develop reasonable share the risk,the existing laws and regulations and not to risk how to make specific provisions.And article 338 of contract law is also general provisions,in the concrete applicable is also consistent with justice,rights and obligations,such as legal principles for processing,but the application of law principle to explain the space is too big,not conducive to maintain the legitimate interests of the parties,is not conducive to balance the interests of the whole trading market,more conducive to the progress of science and technology of the whole society,so how to reasonably determine the risk liability in the contract that the parties to become a problem to be solved.In this paper,through the three aspects of analytical rules of "contract law" article 338 risk allocation in order to achieve the applicable.About the proof,as research and development to master the progress of the project research and development,and core data,and investors in general it is abundant but do not understand technology,so the proof by the research and development,the technical appraisal experts after measure to determine whether belong to "unable to overcome the technical difficulties of";About acceptance,in the field,when the technology did not stipulate in the contract the acceptance standard,on the problem of the acceptance of the contract the parties in the technological achievements often divided,in order to maintain the enthusiasm of technology development,encourage innovation,in determining the failure or partial failure "research",not market standard and the patent shall be forced into,and should be according to the actual situation,from the aspects of background,purpose,fulfillment situation the contract signing contract technical standard,comprehensive analysis to technical standards as the acceptance standard of contract is in conformity with the essence of technology contract;About risk sharing,reasonably share the risk of technological development is mainly manifested in the respective has paid part of the risk liability,in particular,shall be borne by the investors investment risk,accordingly,investors get the achievements obtained and in the process of research and development information,research and development is intangible assets such as time,energy,investment risk,in the process of research and development experience is the reward of side,this can improve by means of encouragement and the loss of balance power disequilibrium situation on both sides,to achieve the dynamic balance of interests,to achieve fairness and justice,and saving the cost of justice,improve judicial efficiency.