1. What are the main obligations of the licensee in the patent implementation licensing contract of the Civil Code
Main obligations of the transferor:
1. License the transferee to implement the patent within the scope stipulated in the contract. The lessor shall maintain the validity of the patent right within the validity period of the contract and pay the patent annual fee on schedule. Otherwise, if the patentee fails to pay the annual fee as required, the patent right will be terminated early. The patent annual fee shall be paid by the transferor (patentee). The transferor maintains the validity of the patent right by paying an annual fee to fulfill its obligation in the contract to license the transferee to implement the patent.
2. Deliver the technical data for the implementation of the patent as part of the contract, and provide necessary technical guidance. Technical data for implementing the patent, including design documents, diagrams, etc. The transferor provides necessary technical guidance to the transferee, which refers to helping the transferee solve problems that arise during the implementation of the patented technology in accordance with the contract, including assisting in installation, debugging, training personnel, etc.
Main obligations of the transferee:
1. In accordance with the amount and method agreed in the contract Pay usage fees. The payment of royalties is a primary obligation of the transferee.
2. Implement the patent within the scope agreed in the contract, that is, the patented product or method shall not be manufactured, used, or sold beyond the license period, region, or method. . No third party other than those specified in the contract may be licensed to exploit the patent.
According to the provisions of Article 868 of the Civil Code, the assignor of a technology secret transfer contract and the licensor of a technology secret use license contract shall Provide technical information and provide technical guidance as agreed, ensure the practicality and reliability of the technology, and assume confidentiality obligations.
The confidentiality obligations stipulated in the preceding paragraph shall not restrict the licensor from applying for a patent, unless otherwise agreed upon by the parties.
2. What are the restrictions on patent implementation licensing contracts in the Civil Code
The Civil Code stipulates that when a patentee implements a patent license, the patent implementation license contract is only valid during the duration of the patent right.
"Civil Code of the People's Republic of China"
Article 865 [Patent Implementation License Contract Limitations] A patent implementation license contract is only valid during the duration of the patent right. If the validity period of the patent right expires or the patent right is declared invalid, the patentee shall not enter into a patent license contract with others for the patent.
Article 866 [Main Obligations of the Licensor in a Patent Implementation License Contract] The licensor of a patent implementation license contract shall permit the licensee to implement the patent as agreed , deliver technical information related to the implementation of patents and provide necessary technical guidance.
The above is the content compiled by the editor. According to the regulations, the main obligations of the licensee in a patent implementation licensing contract are mainly reflected in two aspects. When transferring a technology contract, they must Comply with regulations and fulfill confidentiality obligations, otherwise it will be a breach of contract. If you still have any questions, you can consult the relevant lawyers on the Legal Savior Network.
