论文部分内容阅读
专利实施许可合同作为技术转让合同之一种,有其自身的法律特征。根据不同的划分法,专利实施许可合同的种类有多种。专利实施许可合同违约责任的构成要件包括违约方有违约行为和违约方无免责事由两方面。违约方承担违约责任的方式有赔偿损失、支付违约金、继续履行、采取补救措施以及适用定金罚则等。违约方承担违约责任的主要目的是使非违约方的个人期待和社会的整体和谐保持良性运转。
Patent licensing contracts, as one of the technology transfer contracts, have their own legal features. According to different classification law, there are many kinds of patent licensing contracts. The constitutional elements of liability for breach of contract in the patent licensing contract include the breach of contract by the breaching party and the non-breach of contract by the defaulting party. The ways in which the breaching party undertakes the liability for breach of contract include compensation for damages, liquidated damages, continuous performance, remedial measures and application of the penalties. The main purpose of the breaching party to bear the liability for breach of contract is to make the individual’s expectations of the non-defaulting party and the social harmony as a whole be kept in good working order.