(1) According to the specific contract objects, international license contracts are divided into: patent license contract; trademark license contract; proprietary technology license contract. 1. Patent License Contract

For example, if a foreign country has not obtained patent rights in China or has not reached an agreement with our Chinese parties to allow Chinese parties to use its patented technology, such patented products cannot be Export, this technology cannot be exported, here is a practical case:

The patent for water gel explosives belongs to the United States. Chinese technical personnel obtained the public materials of this patent when reviewing the information. So we studied behind closed doors, deciphered its technical secrets, and produced qualified water-gel explosives. A Hong Kong businessman purchased the product. Because we did not know that the US patent was also protected in Hong Kong, we agreed to sell the product to Hong Kong companies. After it was shipped in Tianjin, the patent owner informed that it was not allowed to be sold. The U.S. patentee asked for a high price in its request, but we had no choice but to fulfill the contract with the Hong Kong businessman, so we had to significantly reduce the price so that the Hong Kong businessman could pay the patentee's patent fees in Hong Kong. In this way, our sales price, which was originally much lower than the current price in the international market, is now even lower, causing great losses. Therefore, our research and development manufacturer should sign a license agreement with the US patentee before we can develop and produce it. Otherwise, it is illegal.

2. Trade Mark License Contract (Trade Mark License Contract)

The use of the trademark and the technology under the trademark is the subject of the contract. In international license trade, trademark license agreements contain certain technical trade content, and counterfeit trademarks generally cannot meet the quality standards of the original trademark.

In the international market, it is not easy to create a brand trademark. Pure trademark license agreements are often rare, and are usually combined with the introduction of proprietary technology and the right to use the trademark. In my country's foreign trade business, it is rare to simply use the other party's trademark. It is often written "Made in China" under the trademark so that Chinese manufacturers can have a foothold when the foreign trademark can no longer be used after the contract expires. land.

3. Proprietary technology license contract

In practice, proprietary technology is adopted in many cases. Therefore, while introducing patented technology, we also introduce proprietary technology. Technology patent holders often retain key technologies. The instructions disclosed by the patent will not enable those who adopt the technology to use it smoothly. Therefore, only by introducing proprietary technology can we truly introduce the advanced technologies, experience and knowledge needed for production to achieve the expected goals.

(2) According to the degree and scope of the exclusive rights enjoyed by the licensee in the licensor’s technology use rights, licenses can be divided into: exclusive license agreement; exclusive license agreement, general license agreement, exchange license.

1. Exclusive License Contract (Exclusive License Contract)

The exclusive license contract means that the licensor allows the other party to license the items under the license within an agreed area and during the validity period of the contract. The technology enjoys exclusive possession and use rights. In the event of such an agreement, neither any third party nor the licensor may use the technology to manufacture or sell products in the area during the validity period of the license, although the industrial property rights belong to the licensor. This contract allows the transferee to monopolize the market with the technology products under the contract, so the selling price is higher.

2. Exclusive License Contract (Sole License Contract)

An exclusive license contract, also known as an exclusive license, refers to a certain area and period of validity of the license stipulated in the contract of the licensee. The technology under the license enjoys the exclusive right to use it. The licensor will no longer allow any third party to have the right to use it during the contract period, but the licensor itself can still use the technology to manufacture or sell products in the region. Since the right to use the technology obtained by the licensee through this contract is smaller than that of an exclusive license, the remuneration for the use of the technology is lower than that of an exclusive license.

3. Simple License Contract (Simple License Contract)

Its main feature is that a third party can obtain the right to use technology under the license, so it means that in addition to the parties to the contract, In addition to having the right to use the technology under the license within the agreed area, the licensor also has the right to purchase the right to use the technology under the contract license to a third party. The price of this license is generally lower than the first two.

4. Transferable License Contract (Sub-License Contract)

Different from the first three types, the purchaser can transfer the right to use technology or trademark under the license. to the third person. The prerequisite for its re-transfer is the consent of the original selling witness. The transferred third party is also called the sub-licensor.

5. Exchange License Contract (Cross License)

Both parties can cross-obtain the technology use rights of both parties based on technologies of equal value. Therefore, when using the license, they can The permissions of the above five licenses clearly stipulate the scope of responsibilities and rights of each party.