Innovation and Rights - Developing Biomedical Devices: Design, Innovation and Protection - page 57

Consideration is generally in monetary form (reimbursement for the achievement
of the titles, assumption of future maintenance costs, payment of a fixed sum, pos-
sibly divided into several installments— down payment or lump sum -, royalties ,
usually calculated as a percentage of sales turnover, or periodic fees) but it can
also be non-monetary ( cross - licensing , contributions in kind—e.g., equipment,
research contracts).
The licensee is entitled to act in case of infringement (even if the agreement has
not been recorded).
In the event of bankruptcy of the licensee, the license agreement is not auto-
matically terminated, except in the event of winding-up of the company.
If the patent is declared invalid (due to lack of patentability requirements),
the license agreement as well is void (Art. 77 c.p.i) and the licensee is no longer
required to pay future fees.
Invalidity is not retroactive and therefore the licensor is not bound to return any
fees which the licensee may have already paid based on the exclusive rights exist-
ing before the declaration of invalidity.
3.7 Examples of Industrial Design Requirements
Evaluations
Example 1