Patent licence agreement

Intellectual property rights are products of human intellect related putinto effect in the fields culture, social and economy which have broughthumanity to the level of present civilization during the long adventure of thehumankind on the globe.Patent is, on one hand, a written document issued by Patent Officestating and determining that the person in question as the owner demandsprotections for his/her invention underlined and specified in the patentdocument and on the other hand, it is a written document the holder hascompleted the necessary formalities. The issues concerning patent aredesigned by the 551 No. Decree Law. in the Turkish regulations.Patent right is obtained in there ways, which are acquiring patent rightaccording to 551 no Decree Law which is about Securing the Patent Rightand acquiring patent right according to clauses of Patent CooperationAgreement and acquiring patent right according to clauses of Europe PatentAgreementLicense Contracts are widely used methods in the technology transfer.Patent License contract is a contract which is based on the notion that thegrantor of the license exclusively holds the right of a product havingeconomical and trade value and as a rule, he/she, partially or completely,hands over the right of using the license to another person(licensepurchaser) in remuneration of license costThough there are disputes over the legal status of the lisence contract,patent license contract, as a rule, is contractual relationship, which boresright and debt between the parties (involved in the contrcat) of contract, buton the other hand, it is contractual relationship which can be alleged againstanyone who vitiate the right but , only if when it is as explicitly envisaged inthe Decree Law and in addition, that it is alleged against third parties doesnot harm its being a contractual relationship.Prior to the 551 no Decree Law, whether license contract were self-peculiar contract or they were anonymous and whether they could beevaluated according to fixed contract type designated within the laws ofobligations have long been under the discussion.The prevalent concept today is that, as License contract has not beendesignated in the Turkish and Swiss legislation, it is assumed to be ananonymous contract. It is mentioned in 551 No. Decree Law, Patent LicenseContract. However, the objective of this decree law is not to designate thePatent license Contract as a contract but to give details about the content ofthe contract. That the contract is mentioned solely by its name in the DecreeLaw and that the essentials in the contract are determined in frame of thelegislation does not constitute an obstacle for the contract to be ananonymous contract.The application for patent and the patent related transactions betweenthe living parties are subject to written form. But, there isn?t a definiteobligatory procedure for that.License contacts are classified as the Patent License contractsaccording to content of the right stemming from License;and Patent LicenseContracts limited within the location ; and Patent License Contracts limited byTime and Patent License Contracts depended upon the entity; andindividuals and Patent License Contracts limited technically; and PatentLicense Contracts limited in quantity; and Patent License Contractsaccording to the way in which license worth is determined and PatentLicense Contracts according to its usage purpose and way ; and PatentLicense Contracts according to willpower of the parties and Sub-license.The research consists of two divisions. In the first division, the subjectsregarding Intellectual property rights and the kinds of Intellectual propertyrights; Patent and Patent Law are mentioned under the heading ?Intellectualproperty rights.The second division holds the heading ?patent license contracts?. Inthis division, the definition of license contracts and its historical backgroundand its properties and functions are mentioned under the subheading of?License Contracts.Under the Subheading of ?Patent License Contract?, which is thesecond subheading, the definitions of patent license contracts andcontrasting and comparing it with other contracts, its legal properties, and itsfoundation, its parties and the kinds it is subject to and its patent registration,and the clauses of patent license contract and the right to sue by the licenseowner in case of violation of right of having license, termination of patentslicense contract and protection of the patent right patent are the subjectshaving been scrutinized