What kind of liability should one bear for violating a patent license contract?

Anyone who violates a patent license contract will be liable for breach of contract. The patent license contract is a type of technology transfer contract. It 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, in a certain area, and in a certain way. Regarding the question of what kind of liability one should bear for violating a patent license contract, the editor of Legal Savior Network will answer it for you below.

1. What are the responsibilities for violating the patent license contract?

1. Anyone who violates a patent license contract shall bear liability for breach of contract. A patent license contract is a type of technology transfer contract. It refers to a technology contract entered into whereby one party licenses the other party to implement its patented technology in a certain manner within a certain period of time, in a certain area, and in a certain way. In the patent implementation license contract, the licensor fails to license the technology as agreed, and the implementation of the patent exceeds the agreed scope. , who authorizes a third party to exploit the patent without authorization and violates the agreed confidentiality obligations, shall bear liability for breach of contract.

2. Legal basis: "Civil Code of the People's Republic of China" Article 872: If the licensor fails to license the technology as agreed, it shall return part or If the party exploits a patent or uses technical secrets beyond the scope of the agreement, or violates the agreement by licensing a third party to implement the patent or use the technical secrets, the party shall cease the breach of contract and bear liability for breach of contract; Anyone who violates the agreed confidentiality obligations shall bear liability for breach of contract. If the transferor bears liability for breach of contract, the provisions of the preceding paragraph shall apply.

2. What are the circumstances under which compulsory licenses are implemented for patents

1. It has been three years since the patent right was granted and four years since the patent application was filed. Implement or fail to fully implement its patent;

2. The patentee's behavior of exercising the patent right is deemed to be a monopoly behavior in accordance with the law. In order to eliminate or reduce the impact of this behavior on The adverse effects caused by competition;

3. In the event of a national emergency or extraordinary situation, or for the purpose of public interest, the patent authority may grant permission to exploit the invention Compulsory license for patents or utility model patents.

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