Early termination of a patent license contract cannot be carried out arbitrarily. It must be agreed upon by the parties, or it must comply with statutory or agreed reasons for termination, such as one party’s express breach of contract, one party’s delay in performance, or the failure to achieve the purpose of the contract. wait.
Legal Basis
Article 562 of the Civil Code
The parties may terminate the contract by consensus.
The parties may agree on the reasons for one party to terminate the contract. When the reasons for rescinding the contract occur, the person with the right to terminate the contract can terminate the contract.
Article 563
The parties may terminate the contract under any of the following circumstances:
(1) The purpose of the contract cannot be achieved due to force majeure ;
(2) Before the expiration of the performance period, one party expressly expresses or shows by its own behavior that it will not perform its major obligations;
(3) One party delays the performance of its major obligations and upon reminder and then fails to perform within a reasonable period;
(4) One party delays the performance of its debts or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;
(5) Other circumstances stipulated by law .
For a non-scheduled contract with ongoing performance of debts, the parties may terminate the contract at any time, but must notify the other party before a reasonable period of time.