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Professor Wang Weilin of Ming Chuan University in Taiwan Visits the "Political and Law Weekend Lecture Hall" of West Anhui University and Discusses the Licensing Contract and Practice of Patent Technology
Datetime: 2017-12-07   Source: 皖西学院英文网站


On Thursday morning the 7th of December, Professor Wang Weilin, director of the Department of Finance and Law of Ming Chuan University attended the “High Level Forum for Legal Talent-training in the New Era” held by Anhui University. In the meantime, he came to West Anhui University, visited the 94th “Politics and Law Weekend Lecture Hall” and gave an academic lecture about Patented Technology Licensing Contracts and Practices at the Academic Reporting Office. The lecture was chaired by Prof. Liu Xin, Dean of the Law School, Teacher Chen Juan also talked.

In the lecture, Prof. Wang introduced the legal effects of the Patent enforcement license contract memorandum (Meeting records at the initial consultations between the two sides) and the confidentiality agreement and other contractual terms. According to the laws and regulations of Taiwan, unless the memorandum expressly provides reference only to a formal contract and no obligation to sign a formal contract, it is presumed that there is an obligation to sign a formal contract, that is, the validity of the memorandum of content can be recognized by law. The confidentiality clause is an important clause in the licensing contract for patented technology. In connection with the real cases, Prof. Wang talked how to stipulate the duration and methods of confidentiality in a rational way, he further pointed that the effectiveness of the contract also needs to consider whether the contractor obtains the company's authorization.

The applicable law clauses, jurisdiction clauses and arbitration clauses in the foreign-related patented technology licensing contract are the important clause on how to resolve the contractual dispute. Prof. Wang said we must be cautious when signing the contracts, because the above clauses concern interests of both sides.

As for the interests and risks between the licensor and the licensee, Prof. Wang mentioned that patent technology licensing contracts can be divided into exclusive licensing contracts, exclusive licensing contracts, and general licensing contracts, etc. Different types of license contracts are related to the scope of licensee's rights, and the licensor should make reasonable choices according to their own needs. For the licensee to seek the rights guarantee from the licensor during the negotiation of the contract, the licensor shall ensure that the licensed patent is legally owned by itself and does not infringe the rights of the third party. The licensor may also choose the appropriate means to set the maximum limit of liability.

In patent licensing contracts, the patentee should avoid the relevant clauses from constituting restrictive business practices. When signing a license contract, the licensee should also note that the contract must not violate the prohibitive provisions of the local competition laws.

Wang Weilin’s lecture was of a unique style. He explained it by asking questions. The lecture not only provided students with a deeper understanding of issues such as the licensing of patents, but also paid attention to different regulations of the patent law between Taiwan and the mainland, enriching our knowledge, broaden our horizons. In the exchange session, Prof. Wang warmly answered students’ questions.

During the talks, Chen Juan introduced the relevant conditions of the mainland intellectual property law, encouraged law students to broaden global vision, to learn professional knowledge. She stressed English in a pass for high-level legal business, and she sincerely hoped that everyone could be an outstanding legal person.

Liu Xin summarized the lecture and expressed his sincere gratitude to Prof. Wang. He wishes we can strengthen the academic exchanges with Ming Chuan University in the future.

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