Civil law. A special part. Contracts for research, development and technological work (the most important)

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Civil law. A special part. Contracts for research, development and technological work (the most important)

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Topic 6. CONTRACTS FOR THE PERFORMANCE OF RESEARCH, EXPERIMENTAL AND TECHNOLOGICAL WORKS

In accordance with paragraph 1 of Art. 769 of the Civil Code, under a contract for the performance of research work (R&D), the contractor undertakes to conduct scientific research due to the terms of reference of the customer, and under a contract for the performance of experimental design and technological work (R&D) - to develop a sample of a new product, design documentation for it or a new technology , and the customer undertakes to accept the work and pay for it.

The parties to the contract for the performance of research and development work are called the contractor and the customer. When performing OKR, the contractor has the right to independently, unless otherwise provided by the contract, involve third parties in its execution. To such relations in accordance with paragraph 2 of Art. 770 of the Civil Code, the rules on the general contractor and subcontractor are applied (Article 706 of the Civil Code). As for scientific research, their specificity requires that the performer conduct them personally. He has the right to involve third parties in the execution of the contract for the performance of research and development only with the consent of the customer (clause 1 of article 770 of the Civil Code).

The subject of an R&D agreement is scientific research, and an R&D agreement is the development of a design solution for a product, the creation of a product sample that embodies this solution, or new techniques, operations and methods of work, i.e. new technology.

The peculiarity of the subject of contracts for the performance of research and development work is that it is determined by the terms of reference of the customer, which, however, is often developed by the contractor himself as a person more knowledgeable in the relevant field. Since the customer is often interested in the final result of a whole range of works, the contract with the contractor can cover their entire cycle - from research to development and production of a product sample (clause 2 of article 769 of the Civil Code).

Other essential terms of contracts for the performance of research and development work are the term for the execution of these contracts, the level of future research and development, the price of the work performed, the procedure for the delivery and acceptance of their results and payments for them.

Since new and commercially valuable knowledge can be obtained in the course of research and development work, the parties are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained, unless otherwise provided by the contract (Article 771 of the Civil Code).

Due to the unpredictability of the results of research and development work, the risk of accidental impossibility of their execution rests with the customer (clause 3 of article 769 of the Civil Code). In addition, if in the course of research work it is found that it is impossible to achieve results due to circumstances beyond the control of the contractor, the customer is obliged to pay the cost of previously performed work within the corresponding part of their contractual price.

If, after the start of the R&D, it is impossible or inappropriate to continue the work, which has arisen through no fault of the contractor, the customer is also obliged to pay the costs incurred by the contractor (Article 776 of the Civil Code).

Given the unpredictability of the results of many research and development projects, the legislator in paragraph 1 of Art. 777 of the Civil Code establishes the responsibility of the performer only for fault (paragraph 1 of article 401 of the Civil Code). At the same time, the performer must prove the absence of his guilt.

Author: Ivakin V.N.

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