A Patent Licensing Contract Breach Legal Regulation Research

After entering the 21st century knowledge economy era of patent technology trade has become the important content of the current trade. Both continental law system and the European and American law system are the trading of patent technology intensive research and established a series of relevant laws in order to guarantee the normal trading order. However, compared with foreign countries, our country because of its legislation research work is still in its infancy, legal research on a patent licensing contract default has not yet formed a complete system, so this article from the contract the parties in the whole process of patent licensing contracts possible default behavior lead to the perspective of system lack in stages it can be divided into the lack of advance prevention and afterwards relief system of default. Lead to a patent licensing contract cannot go smoothly, not only cause serious damage to the lawful rights and interests the breaching party, at the same time lead to existing patent technology cannot be converted into economic results in a relatively short time, appeared different degree of social resources waste, generated by the bad influence is more far-reaching. To this end, on a patent licensing contract breach legal regulation research, explore the deep reasons of the default behavior and the default party need to bear the liability for breach of contract, and on this basis from missing content to perfect the system, to protect the current trading order, prompting a patent licensing contract smoothly has important research value and practical significance.The first part of this paper, the body of a patent licensing contract concept, types, characteristics, summarized the basic theory problems and summarized, through the second part of a patent licensing contract liability for breach of the main theoretical problem on combing and analysis of patent licensing contract liability for breach of contract in the constitutive requirements, imputation principle and characteristics of the liability mode; Through the first two parts to the related patent licensing contract breach and liability for breach of contract on full discussion related theory, the third part of a patent licensing contract default reasons from the system level and personal credit level was summarized and analyzed, found can lead to a patent licensing contract breach of relevant system lack, finally, in reference to the typical continental law system and Anglo-American law system countries advanced system design, on the basis of prevention before engaged in default and default relief afterwards two aspects put forward the system of perfect measures, especially in the prevention of default system design aspects to build the default licensing of patent implementation, contract model and system in default relief afterwards shall establish perfect patent technology assessment standard, perfect the guarantee system of quality defects, and set up special intellectual property court cases.