Contracts for the performance of research, development...

Agreements for the performance of research, development and technological work (R & D)

In accordance with paragraph 1 of Art. 769 CC under the contract for the performance of scientific research (R & D), the contractor undertakes to carry out scientific research, stipulated by the technical task of the customer, and under the contract for performance of developmental and technological works (ROC) - to develop a sample of a new product, design documentation for it or new technology , and the customer undertakes to accept work and pay for it.

The parties to the contract for performing research and development work are called executor and by the customer. unless otherwise provided by the contract, to involve third parties for its execution. To such relations in accordance with paragraph 2 of Art. 770 Civil Code apply the rules of the general contractor and subcontractor (Article 706 GK). As for scientific research, their specifics require that the performer conduct them personally. He has the right to involve third parties only with the customer's consent to execute the research contract (paragraph 1 art. 770 GK).

The subject of the agreement for the performance of scientific research is the conduct of scientific research, and the contract for the implementation of R & D - the development of a constructive product solution, creating a sample of the product that embodies this solution, operations and methods of work, i.e. new technology.

The peculiarity of the subject of contracts for the performance of R & D and R & D is that it is due to the technical assignment of the customer, which, however, is often developed by the contractor himself as more knowledgeable in the relevant field face. Since the customer is often interested in the end result of the whole complex of works, the contract with the executor can cover their entire cycle - from research to development and production of a product sample (item 2, article 769 of the Civil Code).

Other essential conditions contracts for the performance of R & D and ROC are the deadline for the execution of these contracts, the level of future research and development, the price of the work to be performed, the procedure for the delivery and acceptance of their results and calculations for them.

Since new and commercially valuable knowledge can be obtained in the course of performing R & D and R & D, the parties are obliged to provide confidentiality with information relating to the subject of the contract, the course of its execution and the results obtained, unless otherwise provided by the contract (Article 771 GK).

Due to the unpredictability of the results of research and R & D, the risk of accidental impossibility of their execution rests with the customer (clause 3, article 769 of the Civil Code). In addition, if in the course of research work the impossibility of achieving results for reasons beyond the control of the performer is found out, the customer is charged with paying the cost of previously performed work within the relevant part of their contract price.

If you find that after the beginning of the OCK the impossibility or inappropriateness of the continuation of the work that has arisen through the fault of the performer, the customer is also obliged to pay the expenses incurred by the contractor (Article 776 of the Civil Code).

Given the unpredictability of the results of many research projects and ROC, the legislator in paragraph 1 of Art. 777 ГК establishes the responsibility of the performer only for fault (item 1 of item 401 GK). At the same time, the absence of his guilt must be proved by the performer.

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