Legal state of sides in patent license agreements
2008
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Advisor: Doç. Dr. Ahmet Türk
Abstract (EN)
License agreement pursues the right given by the owner of a non-materialistic right in intellectual and industrial possession to be used by third persons. Although license agreement is important for both economical and legal perspectives, yet it is not based on legal ground. As our research subject, patent license agreement is arranged by the 551 numbered ?Protection of Patent Rights? oriented decree-law rule of law. However, this legislation implies the rights which are based on patents can be subjected to license agreements and projects some related rules. Consequently, we can express the patent license agreement as a nameless agreement according to legal background.Patent license agreement is a kind of an agreement that, license grantor authorizes the license recipient in the usage of the rights which are based on patents. License grantor makes income by opening the patent of his invention to the benefit of the license recipient and license recipient gains an advantage against its rivals by the technology it is used. Patent license agreements in which mutual benefits are protected, establishes a continuous debt relationship between sides.In patent license agreement, license grantors? primary responsibility is to present and control the usage of the license by the license recipient. By this way, license grantor does not have the authorization to ban the usage of the license by the license recipient. Moreover, license recipient is under the responsibility of paying an appropriate price for benefiting a patented invention. Furthermore, patent license agreement, can not be evaluated as such a simple legal relationship in today?s technical and economical circumstances. Sides foreseen many varying responsibilities from many aspects such as the purpose of the agreement and mutual trust relationship among each other in the agreement that they contracted.Keywords:1-PATENT 2-LİCENSE AGREEMENT 3- TECHNOLOGY4-CONTİNUOUS DEBT RELATİONSHİP 5- MUTUAL RESPONSİBİLİTİES
Author
Dr. Tuğçe Kılıç
Institution
How to Cite
Tuğçe Kılıç (Master Thesis). Legal state of sides in patent license agreements, 2008, Dokuz Eylül University.
Keywords
License
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