The Research Of Key Clauses In Patent Licensing Contract

This paper started with typical case, made analysis and research for the key issues in the process of signing patent licensing contract, obtained the corresponding intrinsic rules and relationship among these issues.Firstly, this paper introduced the importance, primary characteristic, types and the general fundamental element items of patent licensing contract.Secondly, this paper made research of items on exploitation license fees of patent licensing contract, analyzed the principle of valuation, composing of value and related effected factors. And the paper gave suggestion that the parties of the contract should think about various effective internal and external factors of license quotation, making patent licensing contract be fit for the principle of law of value, making it rationalization and systematization and become a necessary part of normal business activity of human being. After that, this paper made research and analysis for the infringement in the patent licensing activity. It had given the preliminary strategies and skills for the several frequent cases of infringement, and given suggestion that the parties of contract should pay more attention to the agreement of items on infringement. Therefore, the rights and interests of every party could be ensured well.Finally, this paper discussed the restricting clauses in the patent licensing contract, firstly, making analysis for the reason of generation of restricting clauses from jurisprudence aspect, at the mean time, comparing the status of legislation and judicature in China and overseas. Then, it discussed the definition of rationality of restricting clauses as viewed from jurisprudence. At last, it made research on the restricting clauses from the aspect of balance between right and obligation. And it had pointed out that it is very important for the economy development to control the behavior of restricting competition in China. During the development of Chinese economy and the enhancement of comprehensive national strength, while strengthening the protection of Intellectual Properties, it should be more thought much of avoiding abuse of Intellectual Properties.