Study On The Liability For The Breach Of Patent Licensing Contract

Patent licensing contract is a very important technology contract, the contract system in the existing civil law occupies an important position, which results in accelerating the transformation of technology and the pace of realization and to promote the development of productive forces and plays an active role. Patent licensing contract has own particularity and complexity, mainly in its breach of the main form, the liability to the principle of responsibility and the way for bearing the liability of breach, etc. How to deal with breach of contract disputes, in order to facilitate patent licensing dispute be ended and promote the advanced patented technology successful implementation, requires the liability for the breach of patent licensing contract for the further improvement of the system and entered into a patent licensing contract complete the necessary terms and so on.This article discusses the patent license based on the contract and its particularity, through the breach of patent licensing contract responsibility system of research, analysis liability for the breach of patent licensing contract system problems, improves the patent license of liability for the breach of contract system and the necessary provision of contract, in order to standardize patent license, maintain the normal order of patent markets, protect the legitimate rights and promote our country economic development. The full text altogether divides into four parts besides the introduction and the conclusion.The first part studies the basic theory of the patent licensing contract. First, this paper analyzes the obligations of the parties in the patent licensing contract; secondly, studies the legal characteristics of the patent licensing contract which is different from the general civil contract and the characteristics of the liability for the breach of patent licensing contract.The second part compares the liability for the breach of patent licensing contracts. First, this paper describes the main form of the breach of patent licensing contracts; secondly, it analysis the principle of attribution for the liability about the breach of patent licensing contracts; thirdly, it discusses the way for bearing the liability of the breach of patent licensing contracts; finally, it summarizes the relief matter for the liability of the breach of patent licensing contracts.The third part carries on the empirical analysis to liability for the breach of patent license contract. First analyzes the complications of effect the patented technology successful implementation, and then studies the shortcomings and problems about the liability of the breach of patent licensing contracts.From the reality of our patent system, and for promoting the implementation of patented technologies, the forth part try for improvement the liability of the breach of patent licensing contracts. From the aspects of the legal system, judicial practice and policy measures, this paper demonstrates improvement patent licensing liability for the breach of contract, but also analyzes the patent implementation permission contract should complete essential provision.