1. How to handle patent implementation licensing contract disputes
1. Patent implementation Licensing contract disputes are handled through mediation, arbitration and litigation. Patent contract disputes mainly refer to disputes arising from the performance of the rights and obligations of the parties and the interpretation of contract terms in the transfer of patent application rights or patent rights transfer contracts, patent technology implementation licensing contracts, and patent technology intermediary service contracts.
2. Legal basis:
"Civil Procedure Law of the People's Republic of China" 90 Article 9: An agreement reached through mediation must be voluntary by both parties and cannot be forced. The content of the mediation agreement must not violate legal provisions.
Article 122 of the Civil Procedure Law of the People's Republic of China, prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
2. What is a patent implementation license contract?
A patent implementation license contract is a type of technology transfer contract.
refers to a technology contract entered into whereby one party permits the other party to implement its patented technology in a certain manner within a certain period of time and in a certain region.
Patent implementation license contracts can take the form of exclusive implementation licenses, exclusive implementation licenses and general implementation licenses.
Each license can be divided into various forms according to the implementation method, such as production license, use license, sales license and re-transfer license. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...