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The Research On The Legal Problems Of The Patent Licensed Using Right Investment

Posted on:2013-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhangFull Text:PDF
GTID:2246330362974210Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In practice, as an important intellectual property, the patent shows its powerfulfunction of capital. The enterprise legal system of China requires the non currencyproperty be used as capital contribution must can be evaluated by currency and can betransferred. For the patent licensed using right can be used as capital contribution or not,laws made no comment, academic circles have not yet conclusive. Therefore, it showsgreat significance for our country to study the legal problem of the patent licensed usingright investment.This article base on the present law, through the use of the theory of intellectualproperty law and corporate investment theory, tries to make more detailed study on theright of using patent by licensed investment. This paper mainly consists of the followingcomponents:The first part is about the basic problems of the investment of patent right’slicensed using. The author begins with the intellectual property rights theory and theenterprise investment theory, describes the legal nature of patent right’s licensed usingand the meaning of investment with patent right’s licensed using, and introduces therelated legislation at home and abroad for the patent licensed using right investment.The second part is about the effective constituents of the patent licensed using rightinvestment. The author discussed the main investor, investment subject and therequirements of investment program from two respects of the patent law and businesslaw.The third part introduces the contributive evaluate of the patent licensed using right.This paper explain in three aspects of the evaluation subject, patent evaluationestablished criteria as well as the important factors influencing the evaluation of patentlicensed using right, and views the patent license fee as an important index toevaluation.The fourth part mainly analyzes the parties in the investment shall bear the legalobligations and the corresponding legal liability, mainly points out the legalresponsibilities and obligations the investor and intermediary agencies beard incontributive.The fifth part conceives the barriers and risks in the implementation of the right’sinvestment, and proposes the corresponding solution, in order to break through the original block and reduce possible risks.Patent licensed using right as a kind of important use of intellectual property rights,shows strong capital function, there is no reason to be excluded in investment object.This article study the relevant legal problems of the patent licensed using right’sinvestment, trying to push the patent licensed using right to be a valid form of capitalcontribute.
Keywords/Search Tags:the patent licensed using right investment, the effective constituents, evaluate, legal liability, risk
PDF Full Text Request
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