How to understand Article 25 of the Supreme Court's judicial interpretation on the trial of patent infringement disputes
Article 25 If the buyer claims to terminate the contract due to the seller's failure or improper performance of the payment obligation, the people's court shall support it according to the provisions of Item (4) of Article 94 of the Contract Law. Article link: Article 94 of People's Republic of China (PRC) Contract Law may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (two) before the expiration of the performance period, one party clearly stated or indicated by its own behavior that it would not perform the main debt; (three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged; (4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract; (5) Other circumstances stipulated by law. Interpretation: Failure to perform subordinate payment obligations can also lead to fundamental breach of contract, but attention should be paid to grasping the purpose of the contract.