Study On Legal Issues Of Patent Trust

This dissertation is on patent trust. It makes a scrutiny into the following issues by methods as historical research, empirical analysis and comparative analysis: fundamental theory of trust, meaning and legal features of patent trust, the necessity and feasibility of patent trust after investigating the examples in both Japan and China, specific analyses on main legal barriers of patent trust in China and their perfecting measures based on the discussion of the significance of institutional environment for innovation of trust products. This paper consists of 5 chapters besides the introduction and conclusion, about 40,000 words.In chapter one, this paper discusses functions of modern trust system, such as transfer and management of property, accommodating finance and cultivating social credit, reflecting its value orientation in the pursuit of freedom and efficiency, on the basis of a brief introduction of historical evolution and its basic legal ideas including separation of rights and interests, independence of trust property and guarantee of beneficiary interests. Finally, meaning and legal features of patent trust are introduced.In chapter two, shortages of patent trust practice in Wuhan are pointed out, especially in respect of legal system through investigation and comparison about patent trust practices in both Japan and China. In chapter three, this article mainly analyzes the necessity and feasibility of patent trust. Fully application of trust system can promote the industrialization of patent technology production after analyzing features of patent itself and shortages of current transformation approach. Theoretically, patent can be treated as trust property, according to legal principle norm because patent has the attributes of property, conversion, certainty and legal ownership of oblige.In chapter four, system defects are specifically analyzed in respects of right adscription, independence of trust property and supporting stipulation of registration for publication after discussing the significance of institutional environment for innovation of trust products.In the last chapter, corresponding legal countermeasures are put forward for limitations discussed above. Trust property right is a new form of property right and principal, trustee and beneficiary have their own corresponding rights according to legal provisions to ensure that independence of trust property is genuinely realized. Supporting stipulation of registration for publication should be perfected in respects of subject, contents and procedure. Security attribute of letter of beneficial rights and circulation in capital market should be defined clearly in legislation to create conditions for financing based on patent.