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les Nouvelles - December 2006


Risks To And Precautions Available To Patent Licensees In China If The Licensor Is Bankrupted

Jaing XunMing

Lecturer, Department of Intellectual Property, Huazhong University of Science and Technology, Wuhan, Hubei Province, Peoples Republic of China

Zhu XueZhong, PhD

Professor and Director, Department of Intellectual Property, Huazhong University of Science and Technology, Wuhan, Hubei Province, Peoples Republic of China

The proportion of patented technologies as intangible assets possessed by enterprises is rapidly increasing in todays world. A patent license contract for the licensor is not only an important means to reduce R&D risks and obtain advanced technologies but also a significant means of developing markets and gaining profit. Patent licensing therefore plays an increasingly important role in todays international technology trade. However the bankruptcy of licensors brings risks to the performance of contracts. This article will based on the relevant Chinese laws and regulations as well as judicial theories and practices study the risks to and precautions which may be taken by a licensee to a patent license contract where the licensor is bankrupted.

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