Types of intellectual property licenses do not include: special licenses.

The types of intellectual property licenses are divided into general licenses, exclusive licenses, and exclusive licenses. A general license means that the licensor allows the licensee to use the intellectual property content agreed in the contract within a specified geographical scope, while retaining the licensor’s ability to use the intellectual property within the geographical scope and to share the knowledge with third parties. Property rights include the right to enter into a license contract. An exclusive license means that the licensor allows the licensee to exclusively implement its intellectual property rights in a specified territory, and no longer permits third parties to implement its intellectual property rights in that territory, but still retains the licensor's right to implement its intellectual property rights. An exclusive license means that the licensor allows the licensee to have the exclusive right to use the intellectual property within a specified geographical scope. No third party, including the licensor itself, has the right to use the intellectual property.

Differences between external licenses:

1. If the agreement is unclear and the parties have not agreed on the licensing method or the agreement is unclear, it will be deemed as a general license. If the license contract stipulates that the licensee may sublicense others to exercise intellectual property rights, the sublicense shall be deemed to be a general implementation license, unless otherwise agreed by the parties.

2. In the transfer of technical secret achievements, one party transfers the right to transfer the technical secret achievements to another person, or authorizes others to use the technical secrets in the form of an exclusive or exclusive license, without the consent or ratification of the other party. , the transfer or permission shall be deemed invalid.

3. The law does not clearly stipulate whether the trademark owner can license the trademark to external parties independently. However, judicial practice recognizes that the trademark owner can generally license the trademark. The method is licensed externally.

4. External licensing of copyright co-authors. The copyright of the collaborative work shall be exercised by the co-authors through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising the copyright except for transferring or licensing the exclusive rights of others. There are other rights other than use and pledge, but the proceeds should be reasonably distributed to all co-authors.

5. If the patent owner has an external license, and if the owner of the patent application right or the patent right has an agreement on the exercise of the rights, such agreement shall prevail. If there is no agreement, the first owner can implement the patent alone or license others to implement the patent in the form of a general license; if the patent is licensed to others, the royalties collected shall be distributed among the first owners.

In summary, intellectual property licensing can maximize the exploration and utilization of intellectual property value, promote the implementation and transformation of intellectual property achievements, and is conducive to revitalizing intellectual property and avoiding idleness, both from the perspective of utilization and maintenance. , the business strategy of licensing others to use intellectual property rights has economic value. To a certain extent, it can open up a competitive market for intellectual property owners and bring considerable economic benefits to them. It is a necessary component of enterprises in formulating intellectual property strategies.

Legal Basis

Article 862 of the "People's Republic of China and Civil Code"

The technology transfer contract is the right holder who legally owns the technology , a contract entered into by assigning the relevant rights of existing specific patents, patent applications, and technical secrets to others.

A technology licensing contract is a contract entered into by the right holder who legally owns the technology and licenses the relevant rights of existing specific patents and technical secrets to others to implement and use them.

The agreement in the technology transfer contract and the technology licensing contract regarding the provision of special equipment and raw materials for the implementation of the technology or the provision of relevant technical consultation and technical services shall be an integral part of the contract.

Article 863

Technology transfer contracts include contracts such as transfer of patent rights, transfer of patent application rights, transfer of technical secrets, etc.

Technology licensing contracts include patent implementation licenses, technology secret use licenses and other contracts.

Technology transfer contracts and technology licensing contracts should be in writing.

Article 864

Technology transfer contracts and technology licensing contracts may stipulate the scope of implementing patents or using technical secrets, but they shall not restrict technological competition and technological development.

Article 865

A patent implementation license contract is only valid during the duration of the patent right. If the validity period of the patent right expires or the patent right is declared invalid, the patentee shall not enter into a patent license contract with others for the patent.