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Research of Intellectual Property Licensing Problems

Author: LiLei
Tutor: NanZhenXing
School: Hebei University of Economics
Course: Civil and Commercial Law
Keywords: Intellectual property rights License
CLC: D923.4
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 0
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Abstract


With the advent of the era of knowledge economy, the importance of intellectual property rights is self-evident, who owns the intellectual property rights grasps the economic development opportunities. Broad sense of intellectual property, including patent, trademark and copyright and neighboring rights, licensing intellectual property rights holders to exercise their rights, but also their main way to obtain economic benefits. Licensing of intellectual property rights in all intellectual property rights, including the right to collection, retention of title, pulled out 2 one or all of the property, the right to assign any. Intellectual property license to be able to intangible assets into tangible assets, encourage innovation, stimulate the intellectual property rights of people to invest more in scientific research and technological development. Either the licensee may not have the ability to maximize the use of intellectual property and licensing to maximize their own interests, but also to achieve the maximization of social benefits, the licensee may not be a lack of capital, market, talent and other economic resources lack of independence of the intellectual property rights licensed both sides to achieve a win-win situation. Intellectual property licensing system has been established in our country and has been improved gradually. With the advent of the era of knowledge economy, more and more frequent interaction of China's economy and the world economy, China has devoted a lot of effort in the protection of intellectual property rights, China's intellectual property protection system has become more high-standard formation. In practice, especially with the international economy, there have been many cases of suffering. Theory and practice is out of line, low application rates of intellectual property rights, poor implementation effect, applied to only a small proportion of practice, even applied to practice, due to the presence of a variety of reasons, the effect of the implementation is not too satisfactory. High standards of protection of intellectual property rights at the same time, our country and no harm to the abuse of intellectual property rights has sufficient knowledge of the abuse of intellectual property rights regulation also does not take effective measures. Not only is the widespread abuse of domestic enterprises and even foreign enterprises not only in China's abuse of its intellectual property rights owned by its intellectual property strategy more and more energy, power, chemical, biological and other intellectual property involved in the core areas of national life placed in the bag, so that the safety of China's economy faces serious threats. From the level of economic development, China is still a developing country, and the need to narrow the economic gap with the developed countries, to participate in the world competition. Only rely on the intellectual property rights of this weapon to win the victory of the competition. Development of independent intellectual property rights is the only way to our future competition in the world is the intellectual property of competition. Who will win the world to grasp the intellectual property. China's high-tech industry innovation rate is not too high, mainly relying on the introduction of foreign technology, the introduction of technology is not free of charge, the main form of the introduction of technology is intellectual property licensing. In this paper, the use of intellectual property licensing issues are systematically summarized and research. The Chapter general theoretical issues of intellectual property licensing elaborate, pointed out that what is intellectual property licensing, intellectual property licensing and transfer of the balance of interests of the relationship between the characteristics of intellectual property licensing and intellectual property licensing legal mechanisms, which are protected the laws of the several categories of people. And pointed out that according to different classification standards, intellectual property licensing and can be divided into several different types, because intellectual property license can not be separated from the contract, the specific type of contract is clear, to pave the way for the discussion below. The second chapter is a refusal to license intellectual property licensing, mainly to talk about is the refusal to license abuse abuse refused permission behavior regulation. IP itself is the monopoly rights, intellectual property rights holders have the right to refuse permission, this article focuses on the analysis of intellectual property refused permission manifestations rights of refusal to license will be circumstances in which the regulation of the law, refused permission regulate the different conditions, as well as of provisions in future legislation should pay attention to what the problem. The third chapter is the intellectual property licensing feedback, feedback is a licensor of intellectual property rights is the right to use the licensed technology agreement the licensee improved Licensee agrees. How identified in this article from the definition of the feedback, role and permission process licensor constitute a feedback, feedback law on a non-exclusive protection of the law should regulate the exclusive feedback and unilateral feedback. Summarized in the European Union, the United States, Japan and China feedback law and proposed regulations of the different sectors of our intellectual property rights feedback system. The fourth part is a restriction of competition in the use of intellectual property licensing, license restriction of competition with the Anti-Unfair Competition regulations made. About the price limits in the licensing of intellectual property rights, geographical restrictions and field of use restrictions, as well as domestic and foreign legal regulation of these competitive behavior.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights
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