Rights and obligations of the assignee of a patent licensing contract

The transferee of a patent licensing contract generally has the following main obligations: 1. The obligation to implement the patent in accordance with the time, area, method and scope agreed in the contract; 2. Unless the transferor agrees, the third party outside the agreement shall not be licensed to exploit the patent; 3. Obligation to pay royalties for patent technology as agreed; 4. A patent licensing contract concluded in accordance with the decision of China Intellectual Property Office to implement compulsory licensing has no right to license others to implement it.

legal ground

Article 867 of the Civil Code of People's Republic of China (PRC) The licensee of a patent exploitation license contract shall exploit the patent in accordance with the agreement, and shall not license a third party other than the agreement to exploit the patent and pay the royalties in accordance with the agreement. Article 868 The transferor of a technology secret transfer contract and the transferor of a technology secret use license contract shall provide technical information, provide technical guidance, ensure the practicability and reliability of the technology and undertake the obligation of confidentiality in accordance with the agreement. The confidentiality obligation stipulated in the preceding paragraph shall not restrict Licensor from applying for a patent, unless otherwise agreed by both parties.