1. What are the main obligations of the licensor in the patent implementation licensing contract of the Civil Code
The licensor of a patent exploitation license contract shall license the licensee to exploit the patent as agreed, deliver technical materials related to the exploitation of the patent, and provide necessary technical guidance.
"Civil Code of the People's Republic of China"
Article 866 [Patent The main obligations of the licensor in the implementation licensing contract] The licensor in the patent implementation licensing contract shall allow the licensee to implement the patent as agreed, deliver technical materials related to the implementation of the patent, and provide necessary technical guidance.
Article 867 [Main Obligations of the Licensee of a Patent Implementation License Contract] The licensee of a patent implementation license contract shall implement the patent in accordance with the agreement and shall not A third party outside the licensing agreement may exploit the patent and pay royalties in accordance with the agreement.
2. What are the types of patent implementation licenses
There are many types of patent implementation licenses,
1. According to the implementation period, there are patent Implementation license throughout the validity period and implementation license within a certain period of time during the patent validity period; according to the implementation area, there are implementation licenses within the territory of our country and implementation licenses in specific areas;
2. According to the scope of implementation, there are manufacturing licenses, use licenses, sales licenses and all licenses for manufacturing, use and sales; according to the use of the patent, there are general implementation licenses and specific implementation licenses;
3. According to the implementation conditions, there are general implementation licenses, exclusive implementation licenses, exclusive implementation licenses, separate implementation licenses and cross-implementation license contracts. Since there are many types of patent implementation licenses, so the scope of implementation must be clearly stated in the patent implementation license contract. The patent license contract has a special format and must be filled out carefully in accordance with the regulations.
Through the above analysis, we can know that according to the provisions of the Civil Code, in a patent licensing contract, the licensor's obligations include that it should license the licensee to implement the patent as agreed , deliver technical information related to the implementation of patents and provide necessary technical guidance. If you need legal help, readers can go to the Legal Savior Network for consultation.
