A contract is an agreement between civil subjects to establish, change or terminate the civil legal relationship. So what kind of liability should be borne for violating the patent licensing contract? When such legal problems occur in life and you do not know how to solve them, the following legal savior Xiaobian will introduce relevant knowledge in detail for you, hoping to answer your questions.
What kind of liability should be borne for violating a patent licensing contract
Shall bear the corresponding liability for breach of contract.
Patent licensing contract is a kind of technology transfer contract. A technology contract whereby one party permits the other party to implement its patented technology within a certain period of time, in a certain area and in a certain manner. Patent exploitation license Contracts may take the forms of exclusive exploitation license, exclusive exploitation license and general exploitation license. Each kind of license can be divided into various forms such as production license, use license and sales license, and re-transfer license according to the mode of implementation.
The main terms of patent licensing contracts generally include the following aspects:
1, the content of the patented technology and the implementation of the patent;
2. Types of implementation license contracts;
3. The validity period and geographical scope of the license contract;
4, technical guidance and technical service terms;
5. Patent defect guarantee and warranty clause;
6. Patent licensing fees and payment methods;
7. The calculation method of liability for breach of contract and liquidated damages or the amount of compensation for losses.
In addition to the above, the parties may also agree on other matters deemed necessary by both parties. For example: force majeure clauses; Ownership of the improvement results of the patented technology; Resolution of disputes; Explanation of key terms and terms.
The above is the relevant knowledge organized by Xiaobian for everyone, if your situation is more complex, legal savior also provides online consulting services for lawyers, welcome to legal advice.
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