【裁判要旨】技术转让方与受让方就技术转让合同中的阶段性义务未约定明确的履行期限的,任何一方在履行阶段性义务时,只要仍处于合同的整个有效期内,就不构成迟延履行,也无需承担违约责任。若双方就技术转让过程中的技术风险分配问题已在合同中作出约定,而该技术风险在转让过程中在技术上又现实化时,双方应根据合同中的约定各自承担相应的风险责任。 【Referee Key Points】 When the technology transferor and the transferee fail to stipulate a definite period of performance for the stage obligations in the technology transfer contract, neither party shall be in delay in fulfilling the stage obligations as long as it is still within the entire validity period of the contract Fulfillment, but also do not need to bear the responsibility for breach of contract. If both sides have agreed in the contract on the technical risk distribution in the process of technology transfer and the technical risk is technically realized in the transfer process, both parties shall each assume the corresponding risk responsibility according to the contract.