Nội dung của hợp đồng sử dụng sáng chế

Nội dung của hợp đồng sử  dụng sáng chế. Sở hữu công nghiệp là một trong số các quyền sở hữu trí tuệ với các đối tượng cụ thể bao gồm: sáng chế, kiểu dáng công nghiệp, thiết kế bổ trí mạch tích hợp bán dẫn, bí mật kinh doanh, nhãn hiệu, tên thương mại và chỉ dẫn địa lý. Trong quá trình sử dụng các đối tượng này, chủ sở hữu có quyền thực hiện việc chuyển quyền sử dụng đó cho các chủ thể khác thông qua hình thức thỏa thuận hợp đồng.

Xuất phát từ đặc điểm của đối tượng của hợp đồng sử dụng là các tài sản trí tuệ, nội dung của hợp đồng sử dụng các đối tượng này không giống như các hợp đồng dân sự thông thường khác mà cần bao gồm những nội dung cụ thể sau:

  • Tên và địa chỉ đầy đủ của bên chuyển quyền và bên được chuyển quyền.
  • Căn cứ chuyển giao quyền sử dụng.
  • Dạng hợp đồng.
  • Phạm vi chuyển giao gồm giới hạn quyền sử dụng, giới hạn lãnh thổ.
  • Thời hạn hợp đồng.
  • Giá chuyển quyền sử dụng.
  • Quyền và nghĩa vụ của bên chuyển quyền và bên được chuyển quyền.

Bản chất của hợp đồng là sự thỏa thuận, do vậy trong hợp đồng sử dụng đối tượng quyền sở hữu công nghiệp, các chủ thể có quyền tự do thỏa thuận. Tuy nhiên, nhằm đảm bảo quyền, lợi ích hợp pháp cho chủ thể được chuyển quyền, Luật sở hữu trí tuệ đã đặt ra quy định cấm không được đưa ra một số quy định có thể hạn chế bất hợp lý quyền của bên được chuyển quyền, bao gồm:

  • Các quy định với nội dung cấm bên được chuyển quyền cải tiếng đối tượng sở hữu công nghiệp, trừ  nhãn hiệu, buộc bên được chuyển quyền phải chuyển giao miễn phí cho bên chuyển quyền các cải tiến đối tượng sở hữu công nghiệp do bên được chuyển quyền tạo ra hoặc đăng ký sở hữu công nghiệp, quyền sở hữu công nghiệp đối với các cải tiến sau.
  • Trực tiếp hoặc gián tiếp hạn chế bên được chuyển quyền xuất khẩu hàng hóa, dịch vụ được sản xuất hoặc cung cấp theo hợp đồng sử dụng đối tượng sở hữu công nghiệp sang các vùng lãnh thổ không phải là nơi mà bên chuyển quyền nắm giữ quyền sở hữu công nghiệp tương ứng hoặc có độc quyền nhập khẩu hàng hóa đó.
  • Buộc bên được chuyển quyền phải mua toàn bộ hoặc một tỷ lệ nhất định các nguyên liệu, linh kiện hoặc thiết bị của bên chuyển quyền hoặc của bên thứ ba do bên chuyển quyền chỉ định mà không nhằm mục đích bảo đảm chất lượng hàng hóa, dịch vụ do bên được chuyển quyền sản xuất hoặc cung cấp.
  • Cấm bên được chuyển quyền khiếu kiện về hiệu lực của quyền sở hữu công nghiệp hoặc quyền chuyển giao của bên chuyển quyền.
  • Các quy định với nội dung này trong hợp đồng sẽ đương nhiên bị vô hiệu nếu được quy định trong hợp đồng.

 

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