On The Appropriation Right System Of Intellectual Property Rights

Litigation right is the approach to guarantee fundamental rights， while the agreedsystem of litigation is the alienation of this approach by oblige． In general condition， thealienation of litigation relevantly goes with the alienation of fundamental rights， but somelicensing systems don’t comply with this regulation， and it occurs in the licensing process ofintellectual property． The licensing modes of intellectual property are divided into commonlicense， exclusive license and sole license． These licenses have different divisions oflitigation right， and the division in legal provisions sometimes cannot satisfy the demand ofbusiness，thus，agreed litigation is formed．Agreed litigation is the punishment of litigationright by parties． With the wide application of this way of punishment， establishing andperfecting the corresponding system of agreed litigation is very important．In the process of intellectual property agreed litigation， the affirmation of agreedlitigation subject， the content of agreed litigation and the relief method of agreed litigationare the core problems of agreed litigation． The interest of third party must be fullyconsidered when the subject is affirmed． And agreed litigation content should bedemonstrated from three parts on patent right， trademark right and copyright． At the sametime， the type of license contracts should be fully considered， combining the differentfeatures in there different licenses． Finally， relief method should also be considered to limitthe contracts that don’t conform to the law． Only these three key factors are fullyconsidered， the perfect operation of system of agreed litigation can be ensured．...