Liability of Patent Licensor for Breach of Contract

If there is an agreement, follow the agreement, but first of all, the agreement shall not be illegal.

An agreement that does not comply with the law

Article 351 Where the transferor fails to transfer the technology as agreed, it shall return part or all of the royalties and bear the liability for breach of contract; Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope in violation of the agreement, it shall stop the breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract.

Article 352 Where the transferee fails to pay the royalties as agreed, it shall pay the royalties and liquidated damages as agreed; Those who fail to pay royalties or liquidated damages shall stop exploiting patents or using technical secrets, return technical materials and bear the liability for breach of contract; Where a third party is allowed to exploit a patent or use a technical secret beyond the agreed scope without the consent of the transferor, it shall stop its breach of contract and bear the liability for breach of contract; Anyone who violates the agreed confidentiality obligation shall bear the liability for breach of contract.

Article 353 Where the transferee infringes upon the lawful rights and interests of others by exploiting the patent or using the technical secret as agreed, the transferor shall be liable, unless otherwise agreed by the parties.