Study On Trust Legal System Of Intellectual Property

Along with the coming of knowledge-based economy, intellectual property rights (IPR), as a kind of intangible assets, occupy more and more prominent position in the capital market. However, a lot of problems related to IPR still exist in China, such as the lack of creativity, the difficulty for financing, and the low rates of industrialization of IPR. Thus, a new solution that can realize financing, improve the IPR utilization, promote the industrialization of IPR and stimulate innovation shall be developed urgently. In some developed countries, trust, which has been proved to be highly effective in tangible property management field, has been brought into this field, and intellectual property trust was going to be widely used. Based on the practical requirements of our country and the successful experience from abroad, this paper advocates that trust should be used in intellectual property transfer market, as to improve the efficiency of the use of intellectual property in China. The main argument of this paper is that trust can be used to manage intellectual property, proved that the combination of trust and intellectual property is necessary. According to the general rules and basic theories, this paper elaborates the basic contents of the legal system of intellectual property trust, and gives some suggestions to consummate our country's intellectual property trust.This paper includes four parts:In the first part, this paper analyzes obstacles existing for the industrialization of IPR in China. Starting with the transfer of tangible and intangible assets and the leadership of the capital of IPR in capital market, this paper states that the competition of IPR has become focus in the global market. However, the industrialization in China is facing with three sorts of problems: the low capability of knowledge innovation and management of IPR; the low rates of industrialization of IPR, of which a large part haven't been used effectively; and the difficulty of IPR holders' to get financing by IPR and the urgent need of a new financing solution.The second part focuses on the necessity of combining intellectual property system and the Trust. First of all, this paper provides the origin of the trust system and the basic idea, explaining the assumption of bringing the trust system into IPR. Secondly, this paper introduces the situation of IPR in the Trust in abroad. Finally, this paper discusses the advantages of the Trust system, including the improvement of Industrialization of IPR, the promotion of intellectual property financing, benefit maximization of IPR holders, encouragement of innovation and so on. Furthermore, these advantages agree with the difficulties which China is facing with, and demonstrate the necessity of intellectual property trust.In the third part, this paper discusses the legal system of intellectual property trust, as well as the core of this article. First of all, this paper summarizes the operational mechanism of intellectual property trust, which includes three links: sign a trust contract, trust registration and management of IPR by institution. Secondly, this paper discusses the scope, the ownership and characteristics of IPR, which is taken as trust property. Then, this paper discusses the three parties in trust legal relationship, namely trustor, trustee, beneficiary and the rights and obligations. Finally, this paper demonstrates the termination of IPR trust and its legal effect.In the fourth part, this paper provides some suggestions on the improvement of IPR trust in China. First of all, this paper introduces the legitimacy of IPR trust in China. Secondly, this paper analyzes the current situation and existing problems of IPR trust in China through a typical case study. Finally, in order to improve domestic IPR trust system, this paper makes 5 suggestions for a start, among which this paper focuses on trust registration system and specific construction of the system. In addition, for promoting IPR trust, the government should give some support by taxes and policies.The aim of this paper is to promote the industrialization of IPR, with the idea of specific management of IPR by The Trust. Thus, the benefit of IPR holders will be maximized; innovation will be encouraged, and the ability of research and development will be improved, China's international competition will be enhanced.