A contract of licence to work a patent shall be valid3 only for the term of validity of the patent right. Upon the expiry of the validity of the patent right, or following declaration of the patent right as invalid4, the patentee shall not conclude with another person a contract of licence to work the said patent.
Article 39. The primary obligations of the transferor in a contract for the transfer of non-patented technology shall be:
To provide technical data and carry out technical guidance as stipulated5 by the contract;
To guarantee the applicability and reliability6 of the technology;
To undertake the obligation of confidentiality7 as stipulated by the contract.
The primary obligations of the transferee in a contract for the transfer of non-patented technology shall be:
To utilize8 the technology within the scope stipulated by the contract;
To pay fees for use as stipulated by the contract;
To undertake the obligation of confidentiality as stipulated by the contract.
Article 40. If the transfer is in breach9 of contract, it shall undertake liability as follows:
If the party does not transfer the technology as stipulated by the contract it shall, in addition to refunding10 all or part of the fee for use, pay a penalty or damages.
If the party works a patent or utilizes11 non-patented technology beyond the scope stipulated in the contract, or breaches12 the contract by the unauthorized granting to a third party of licence to work the said patent or utilize the non-patented technology, it shall cease the action which is in breach of contract and shall pay a penalty or damages.
If the party is in breach of the contractual obligation of confidentiality, it shall pay a penalty or damages.
