Judicial Relief to the Violation of the License:Inspiration and Reference of U.S.Judicial Practice to Our Country

From the viewpoint of the Comparative Law,American relative practices and opinions dealing with violation of the license has important reference to our country.The first step is to differentiate the exclusive license and the non-exclusive license when the legal relation and responsibility is explained and defined.If it is an exclusive license,it is explained as a contract suit and the order responsibility of breach;if it is the other,we should differentiate the breached object as a "condition" or a "convent". Whether the right obtained in "condition" or "convent" is intellectual property exclusive right or it is legitimate interest entitled to licensors according to the legislative spirit or public policy is the judgement basis between " condition" or a " convent".Breach of " condition" is interpreted as a tort suit,or concurrence between the tort suit and the contract suit,and let the plaintiff choose,and then define the tortious liability or responsibility of breach;Breach of "convent" is interpreted as a breach suit,leading to the responsibility of breach;additionally,when the "convent" is so essentially breached as to the license to be canceled,only leading to the tortious liability.