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利用待履行合同来处理知识产权许可协议的传统方法存在缺陷,债务人如果选择终止合同则会严重损害被许可人的利益。美国允许被许可人在债务人拒绝履行合同时继续使用知识产权,并对该复选权设定时间、给付对价和放弃权利等限制,这些做法值得借鉴。因此,我国应尽快构建处理许可人破产时知识产权许可协议的法律框架。
The traditional method of using the contract to be executed to deal with intellectual property licensing agreements is flawed and the debtor’s choice to terminate the contract can seriously damage the interests of the licensee. The United States allows the licensee to continue using the intellectual property right when the debtor refuses to perform the contract, and also limits the time limit, the payment of the consideration and the waiver of the right of the right to choose, which are worth learning from. Therefore, our country should set up as soon as possible a legal framework to deal with the licensor’s intellectual property license agreement in case of bankruptcy.