(1) Patent licensing contract (patent licensing contract)
(2) The trademark licensing contract takes the use of the trademark and technology under the trademark as the contract object.
In international licensing trade, trademark licensing agreements contain certain technical trade contents, and counterfeit trademarks generally cannot meet the quality standards of the original trademarks.
In the international market, it is not easy to create a brand trademark.
Simple trademark licensing agreements are usually rare, but usually the importer's right to use the subject matter is combined with the introduction of proprietary technology.
In China's foreign trade business, it is rare to simply use the other party's trademark, and the words made in China are often written under this trademark, so that when the contract expires, China manufacturers will have a foothold when they can no longer use foreign trademark.
(3) the know-how license contract (knowhow
In practice, proprietary technology is used in many cases.
Therefore, while introducing patented technology, we should also introduce proprietary technology together.
Technology patentees often hold key technologies.
With the instructions published in the patent, people who adopt this technology will not be able to use it smoothly.
Therefore, only by introducing proprietary technology can we really introduce all kinds of advanced technology, experience and knowledge needed for production and achieve the expected purpose.
2. According to the extent and scope of the licensee's exclusive right to use licensor's technology, the license can be divided into: exclusive license agreement; Exclusive license agreement, general license
Agreement and exchange of licenses (1) An exclusive license contract refers to that the licensor authorizes the other party to exclusively possess and use the technology under the license within the area agreed in the contract and within the validity period of the contract.
In the case of signing such an agreement, although the industrial property rights belong to the Licensor, no third party or Licensor may use the technology to manufacture or sell products in the area within the validity period of the license.
This kind of contract enables the transferee to monopolize the market with the technical products under the contract, so the price is higher.
(2) An Exclusive solelicensecontract, also known as an exclusive license, means that the licensee has the exclusive right to use the technology under the license within a certain area stipulated in the contract and within the validity period of the contract. During the contract period, Licensor will no longer allow any third party the right to use this technology, but Licensor can still use this technology to manufacture or sell products in this area.
Since the licensee's right to use the technology obtained through this contract is less than the exclusive license, its remuneration for using the technology is lower than the exclusive license.
(3) The main feature of 3)simple license contract is that the third party can obtain the right to use the technology under the license, which means that in addition to the right to use the technology under the license in the agreed area, the licensor also has the right to purchase the right to use the technology under the contract from the third party.
The price of this license is generally lower than the first two.
(4) Transferable sub-licensing contracts are different from the first three contracts, and the buyer can re-transfer the right to use the licensed technology or trademark to a third party.
The precondition of its retransfer is the consent of the original seller.
The third person who is transferred is also called the dealer.
(5) Cross-licensing Both parties may cross-license the technology use rights of both parties according to technologies with equal value. Therefore, when using this license, the responsibilities and rights of all parties can be clearly defined according to the licensing authority of the above five licenses.