How to share responsibilities when the patent transfer contract is invalid
When the patent transfer contract is invalid, the liability needs to be based on actual circumstances According to the situation analysis, when the contract is invalid, both parties may not perform their responsibilities under the contract.
Issues on the validity of patent transfer contracts
1. A contract established in accordance with the law shall be established since effective when. If laws and administrative regulations stipulate that approval, registration and other procedures must be completed to take effect, such provisions shall apply.
2. The parties may agree on conditions for the validity of the contract . A contract with conditions for effectiveness shall take effect when the conditions are fulfilled. A contract with rescission conditions shall become invalid upon fulfillment of the conditions. If the parties improperly prevent the fulfillment of the conditions for their own interests, the conditions will be deemed to have been fulfilled; if the parties improperly facilitated the fulfillment of the conditions, the conditions will be deemed not to have been fulfilled.
3. The parties may agree on a time limit for the validity of the contract. Attached to take effectA contract with a fixed term shall take effect from the expiration of the term. A contract with a termination period shall become invalid upon expiration of the period.
4. Contracts entered into by persons with limited capacity for civil conduct, The contract shall be valid after being ratified by the legal agent. However, contracts made solely for profit or contracts that are appropriate to the person's age, intelligence, and mental health do not need to be ratified by the legal agent.
The counterparty can urge the legal representative within one month be ratified. If the legal representative fails to make any representation, it shall be deemed as a refusal to ratify. Before the contract is ratified, the bona fide counterparty has the right to revoke it. The withdrawal shall be made by means of notice.
5. The actor has no agency or exceeds the agency Or a contract entered into in the name of the principal after the agency power is terminated will not be effective for the principal without ratification by the principal, and the actor shall bear the liability.
The counterparty can urge the principal to sue within one month be ratified. If the principal fails to make any representation, it shall be deemed as a refusal to ratify. Before the contract is ratified, the bona fide counterparty has the right to revoke it. The withdrawal shall be made by means of notice.
6. The actor has no agency or exceeds the agency Or if a contract is concluded in the name of the principal after the agency power is terminated, and the counterparty has reason to believe that the actor has the agency power, the agency act is valid.
7. Legal representative of a legal person or other organization, For a contract entered into by a responsible person exceeding his authority, unless the counterparty knows or should know that he has exceeded his authority, the representativeThe behavior works.
8. A person without the right to dispose of other people’s property, If the contract is ratified by the obligee or a person without the right to dispose obtains the right to dispose after entering into a contract, the contract shall be valid.
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