Intellectual property, as an intangible asset, needs to pay attention to the following parts in the actual transaction process:

1. Name and domicile of the parties. If the contract subject is a legal person or other organization, its name and address should be the enterprise name and business place registered by the administrative department for industry and commerce according to law.

2. The name and content of a patent should be expressed according to the patent name recorded in the patent certificate, and at the same time, the content, substantive characteristics and professional technical field of the patent should be described in concise professional terms.

3. The scope of the exploitation license shall specify the time limit, region and mode of exploitation of the patent, and whether the patent exploitation license is a general exploitation license, an exclusive exploitation license or an exclusive exploitation license.

4. Date of patent application, application number, patent number and validity period of patent right.

5. Technical information and materials and their confidential matters.

6. the contents of technical services shall specify the items, contents, working period and related matters of technical services and technical guidance sent by the licensor.

7. standards and methods for delivery and acceptance of technical data.

8. royalties and their payment methods.

9. calculation method of liquidated damages or loss compensation.

1. Ownership and use of subsequent improvement results. During the validity period of the contract, both parties may improve the transferred technology. Therefore, the ownership and use of subsequent improvement results should be stipulated in the contract.

11. dispute resolution.

12. Explanation of nouns and terms.

13. Other terms.

Extended information:

Matters needing attention in concluding an intellectual property licensing contract

(1) The licensed intellectual property should be valid?

intellectual property rights have a statutory time limit, such as 2 years for invention patents and 1 years for trademarks. When the time limit expires, intellectual property rights will be owned by the society, and anyone can stop paying royalties when using them.

Therefore, when concluding an intellectual property licensing contract, we must first investigate the legal status of the licensed intellectual property; In addition, the term of validity of the contract should not exceed the term of protection of rights. If the term of protection of rights is exceeded, it can be agreed that the contract will be terminated when the term of rights expires.

(II) The licensor shall ensure that the intellectual property it licenses is flawless

The licensor shall ensure that it is the legal owner of the licensed intellectual property or the person authorized by the owner to license to others. Therefore, the licensee must fully investigate the rights of the licensor before signing the contract.

the ways to obtain the evidence are: to inquire with the national competent department of intellectual property rights, to learn from other licensees of the same subject matter, or to request to consult the licensing contract previously concluded by the licensor on this subject matter, etc.

(III) The licensee may stipulate in the contract that the licensor shall provide relevant information and guidance

Because the licensee has limited knowledge of the licensed intellectual property rights, it will encounter some problems in the implementation process. Therefore, in order to better achieve the purpose of the contract, the licensee may stipulate in the contract that the licensor shall deliver the technology and information related to the implementation of intellectual property rights and provide necessary guidance.

(IV) The licensing method of intellectual property rights should be stipulated in the contract

There are five types of intellectual property rights licensing: general licensing, exclusive licensing, exclusive licensing, cross licensing and sub-licensing. In view of the different licensing methods agreed in the contract, the two parties have great differences in the distribution of rights and obligations.

general licensing is the most basic way. after licensing the intellectual property to the licensee, the licensor can still implement the intellectual property by himself or license a third party to implement it.

In the case of exclusive license, the licensor shall not sublicense the intellectual property right to a third party, but the licensor reserves the right to exploit it; In exclusive licensing, only the licensee can exploit the intellectual property right, and the licensor cannot exploit it, nor can it license a third party to exploit it.

Reference: Baidu Encyclopedia-Intellectual Property License Contract