Research On System Of Intellectual Property Joint Ownership

Intellectual property joint ownership means that two or more subjects have common ownership righits on the same intelligence or managing activity marks, through the sharing creative activities or mutual agreements. property rights itself is a expansible concept. As the expansion of the property and property rights, property rights system has shown defects. Intangible assets increasingly become an important form of property, intangible property rights system needs improvement. As an important typical intangible property rights, to study intellectual property system is typical and important. joint ownership is an important property rights system, and it is a form of ownership, used to determine property ownership.And it play roles in defining rights and ending disputes.At the same time, joint ownership is also a form of IP rights. As a systerm of determineing property ownership,there is little researh on IP joint ownership in the field. Instead, extensive use of joint ownership theory described the phenomenon. Of course, there are many scholars took notes of the differences between the IP joint ownership and joint ownership of property, such as values,subject, object and so on. Although many scholars research on joint copyrights or joint patentd , there is little discussion on the whole IP joint ownership. IP joint ownership is different from joint ownership of property rights, it is impossible to fully apply joint ownership theory. To construct IP joint ownership system is very important, which is the main content of this paper.This paper chiefly explores the design of IP joint ownership System, partⅠof this paper is the overview of IP, content of IP joint ownership has not been a consensus in the academic community. IP rights itself is an expansible concept, the author presented his own views in this part, the concept of IP joint ownership were summarized. the author deeply analyzes the characteristics of IP joint ownership from the perspectives of the generating ways, subjects and objects of IP joint ownership.This part also summarizes the classification of IP rights generation, there are disputes of the exsisiting classification ,which is classifies IP joint ownership into joint possession and several possession in the academic community . in this part the author will put forward views on this issure .Part II focuses on the unique content of IP joint ownership——joint moral rights issues. This section firstly discusses the joint moral rights is reasonable. Traditional Viewpoints are that moral rights is a kind of personal rights, and therefore can not be joint moral rights. This part analyzes the phenomenon of personal rights propertization. And proposes that the moral rights has the working creative feature,and analyzed differents between moral rights and person rights. This part also has discussion of the moral rights inherent feature——property,with conclusion of existence of joint moral rights.Secondly,this part discussed generation of joint moral rights——the original acquisition and the derivative acquisition. How to exercising rights is the core of rights system. Part III is the focus of this paper ,which focuses on the exercise rules of IP joint ownership. Firstly,this part analyzes foreign relevant legislationon of exercising rules of IP joint ownership. Secondly, having analyzed dwarfs of the existing legal system, the paper proposes four basic principles of the exercising rules of IP joint ownership, which serve as the guiding principles. Finally, the paper classifies all kinds of IP rights and puts forward specific rules.PartⅣof the paper discusses the special problems, including the joint work and work for hire. Joint work is an important part of copyright. Scholars argued divisibility joint work.This paper analyzes the concept of joint work foreign legislationon ,then puts forward views on elements of joint work and how to exercise right of co-authors.Finally, the paper discusses whether legislationon of the work for hire adopt joint modle or not, then puts forward proposals on system construction and reward system.