论文部分内容阅读
专利实施许可合同作为专利技术转让的合同之一,有着其自身独有的法律特征。专利实施许可合同按照不同的划分方法,可以分为多种,但是专利实施许可合同的违约责任的构成要件则基本都是由违约方的违约行为和违约方无正当免责事由构成的,而违约方承担责任的形式也包括支付违约金、继续履行合同义务、采取相应的补救措施等多种形式。本文从专利实施许可合同的特征、种类入手,分析了专利实施许可合同违约的构成要件,并在此基础上,研究了专利实施许可合同违约责任的承担形式。
Patent licensing contracts as one of the patented technology transfer contract, has its own unique legal features. According to different classification methods, patent licensing contracts can be divided into many kinds, but the constituent elements of liability for breach of contract in the patent licensing are basically constituted by the non-compliance of the non-compliance party and the non-compliance of the non-compliance party, while the defaulting party Take the form of responsibility also includes the payment of liquidated damages, to continue to perform contractual obligations, take appropriate remedial measures and other forms. Based on the characteristics and types of patent licensing contracts, this paper analyzes the constitutional elements of the patent licensing contracts breach of contract, and on this basis, studies the forms of liability for breach of contract in patent licensing.