Answer ... The exclusive or non-exclusive right to manufacture, sell, offer for sale, use or for any of such purposes import a product that embodies the licensed patent if it is a product patent; or, for a licensed process patent, the exclusive or non-exclusive right to use that process, or to use, manufacture, sell, offer for sale or for any of such purposes import a product obtained directly by that process.
Further, an exclusive licensee has standing to sue an infringer independently for all types of remedies, unless the licensing agreement provides otherwise.
Answer ... Under the Guidelines on Technology Licensing Agreements (2016) issued by the Fair Trade Committee, a patent owner may impose clauses that have the following effects, among others, on a licensee:
- restrict the licensee’s scope of practice to manufacture, use or sales;
- restrict the term of the licence arrangement;
- stipulate that, for ease of calculation, royalties for licensed technology that is part of a manufacturing process or that subsists in component parts will be calculated based on the quantity of finished goods manufactured or sold that employ the licensed technology, or the quantity of raw materials or component parts used that employ the licensed technology, or the number of times such materials or parts are used in the manufacturing process;
- require the licensee to pay fees after expiration of the patent term for use already made of the licensed technology, where the fees for use of a licensed patent are paid in instalments or on a post-paid (running royalty) basis;
- require the licensee to grant a non-exclusive licence to the licensor with respect to any improvements to or new applications of the licensed technology;
- so as to guarantee the licensor a minimum amount of revenue from licensing fees, require the licensee to produce a minimum volumes of goods employing the licensed technology, to employ the licensed technology a minimum number of times in the manufacturing process or to sell a minimum quantity of goods manufactured with the licensed technology;
- restrict any transfer or sub-licence; or
- restrict the licensee’s use of the licensed technology after the term of the licence has expired, insofar as the licensed patent remains valid.