AGREEMENT FOR PERFORMANCE ORIMPLEMENTATION OF INNOVATION - EFFECTIVE METHOD OF INNOVATION TRANSFER

Abstract

Contracts for implementation of innovations is one of the most frequently used instruments for commercialisation of scientific research results. Due to the divergent views of the doctrine, as well as the imprecise Polish legal regulations, the issue of concluding agreements on the implementation orimplementation of innovation still raises many doubts. The article is an attempt to discuss the principles of constructing these agreements and the basic differences between them on the basis of a review of literature and case law.

The assessment of the legal character of the discussed agreements depends on the specific factual and legal situation. In some situations, it is assumed that the regulations relating to a contract for specific work (result contract) apply to such contracts, in others - provisions of the contract of mandate (contract of due diligence). Proper qualification is particularly important in the light of the different rules of liability of the parties in the case of due diligence and result agreements. The recognition of a specific relationship as a contract for specific work imposes a much broader scope of liability on the contractor towards the ordering party.