A Study On The Unauthorized License Of Intellectual Property

The purpose of formulating intellectual property law is to protect the obligee's interest. And in order to prevent the obligee from abusing his/her right as well as to coordinate the interest between the intellectual property obligees' and that of the social public, the 'unauthorized license' system with a flavor of national compulsory coordination comes into being. It's meaningful to conduct a study on such a system due to its crucial role in keeping the social harmony, stabilization and substantial development.By adopting a method of contrastive and historical analysis, this paper makes a profound analysis of the 'unauthorized license' system in our country, based on the fundamental legal theories, combined with the latest and typical cases both in China and foreign countries, and consulting the foreign countries' sound legislative experience and judicial practice as well.In this paper, certain types of 'unauthorized license' system are expounded in detail: statutory license system, compulsory license system, and fair use. Particularly, the fair use system is regarded as a special kind of 'unauthorized license' system, and testified with certain legal theories, which is obviously distinct from the traditional practice that excludes the fair use system from the categorization of 'unauthorized license' system. In addition, the author makes clear his opinion of the legal attribute of the 'implied license' and the dilemma the fair use of the works right encounters under the circumstance of modern network as well as the corresponding measures. All of these are what is creative in this paper.The intention of this paper is to make a profound research on the 'unauthorized license' system of intellectual property, so as to provide some legal theoretical references for related legislation and practice in our country.