1, exclusive license
In the area (a country or region) agreed by both parties, only the licensee is allowed to exploit the patent, and no one else, including the patentee, may exploit the patent.
2. Exclusive license
In the region (a country or region) agreed by both parties, only the licensee and the patentee are allowed to exploit the patent, and no third party may exploit the patent.
3. General license
In a mutually agreed area (a country or region), multiple companies may be allowed to exploit the patent.
4. Sub-licensing
In the region (a country or a certain region) agreed by both parties, while allowing the licensee to exploit the patent, the licensee is also allowed to allow others to exploit the patent; This must be made clear in the contract, otherwise the licensee will divide the license right.
5. Cross-licensing
After consultation between the patentees of both parties, both parties use each other's patents unconditionally or conditionally.
Second, build a solid protective wall, the infringer has no time to drill, patent infringement cases
Heshan yuyin patent infringement series case
The plaintiff Heshan Yuyin Lighting Co., Ltd. is the exclusive licensee of the utility model patent of "New Color Melamine Lamp".
Since 200 1, the plaintiff found that an enterprise company in Dongguan City, the defendant, had implemented the above-mentioned patented technology legally owned by the plaintiff by means of production, sale and export without the permission of the patentee and the plaintiff.
It seriously impacted the foreign market of the above-mentioned patented products of the plaintiff and caused great economic losses to the plaintiff, so it filed a lawsuit with the Guangzhou Intermediate People's Court according to law. ?
After trial, the court held that the plaintiff's legitimate rights and interests were protected by law, and the defendant failed to submit sufficient evidence to prove that the patented technology in this case was well known and lacked patentability, and the defendant's behavior constituted infringement.
The defendant was sentenced to immediately stop the infringement, destroy the infringing products, and compensate the plaintiff for a loss of RMB 200,000. The case is in the second instance. ?
In addition, the plaintiff sued the defendant Shenzhen Lighting Co., Ltd. for infringing the utility model patent of "a new decorative lamp holder" and the design patents of "five-pointed star decorative lamp holder", "heart-shaped decorative lamp holder" and "diamond decorative lamp holder".
After the first trial, Shenzhen Intermediate People's Court ordered the defendant to immediately stop the infringement and destroy the molds that produced the infringing products. In four cases, the plaintiff was compensated for various losses of 602,480 yuan. The defendant refused to accept the judgment of the first instance and appealed to the Guangdong Higher People's Court, which made a final judgment and upheld the original judgment. ?
Comments: Yuyin Company's emphasis on intellectual property rights and its determination and strength to crack down on infringement can be called a model of our city. Not only did it get due economic compensation, but more importantly, it built a great wall of steel to protect intellectual property rights for enterprises and gained the initiative in market competition.
Why is yuyin company so confident in cracking down on infringement? This comes from its patent protection scheme for products from structure to appearance, which eliminates all infringement loopholes and leaves infringers with no time to drill.
References:
Baidu encyclopedia-patent
References:
Baidu encyclopedia-patent license
References:
Baidu Encyclopedia-People's Republic of China (PRC) Patent Law
References:
Baidu Encyclopedia-Detailed Rules for the Implementation of People's Republic of China (PRC) Patent Law
References:
People's Daily Online-Guangzhou notified ten typical cases of intellectual property rights.