Patent Right Of Ordinary Implementation Of Litigation Rights

With the advent of knowledge economy, the patent system has gradually beenimproving national scientific and technological innovation ability of the vanguardforces. In most cases, the patentee does not directly use the patents, patent permitothers to exercise but signed a patent license contract, scientific research chievementsinto productive forces.The patent licensing gradually become a common phenomenonin international trade, this is very favorable for reform and technological innovation.Patent contract in accordance with the scope of the implementation of thedifferent mainly hasthree types：the exclusive license, exclusive license and ordinarylicense.The patent ordinary implementation licensing fees is low, the patentee cansign a license contract, flexible, practical application of the most extensive.The ordinary implementation of the patent license has its own characteristics,there is a certain amount of time restrictive and regional exclusivity.Relative to othertypes of licensing contracts, it need sound legal protection. Currently, our research isnot enough for the ordinary license of depth,domestic legal theory and judicialpractice in the field of research has not fully expanded.Therefore, the system alsoneed to sort out further on the basis of the lessons learned.Patent ordinary license contract for patent, also known as the ordinaryimplementation of the rights of the licensee,in this paper, from the the litigation rightsprotection point of view of the ordinary implementation of the rights of the departure,jurisprudence based on the right to appeal, combined with the provisions ofthe right of action for the "Civil Procedure Law", explained by the context andsystematic interpretation interpretation of the ordinary license the licensee’s right toproperty,expect to be able to protect the human rights of the ordinary implementationof the rights in a more comprehensive perspective.The text is divided into four chapters.The first chapter introduces the Generallicensing of our current patent litigation rights legislative situation,mainly from fiveaspects, introduced the ordinary implementation of the patent license concept,characteristics, as well as China’s current patent license procedural legislationoverview of the difficulties faced by the ordinary implementation of the rights, andthe legal basis of the current legislative situation analysis.The second chapterdescribes the overview of the foreign patent of contract litigation rights legislation,focusing on the conservation status of Japan, the United States, the United Kingdom,France, and the details of the developing countries to protect the invention of theModel Law, of the implementation of China’s patentthe contract litigation systemprovides a good reference.Chapter on patent litigation rights of the ordinaryimplementation analysis is divided into four parts, the first part of the right to appealthe basis of the general implementation of the rights derived from any litigation play,the second part analyzes the general implementation of the rights of the conditions forprosecution,some of the patent infringement litigation and the general implementationof the rights of human relations to discriminate, the fourth part determine the generalimplementation of the patent license damages criteria.In the fourth chapter from thethe litigation rights protection point of view of the general implementation of therights of the legislative proposal, first proposed to confer a common implementationof the right to independent right of action qualifications, in order to strengthen itsprotection of the rights of the second proposal, to establish a cause of action agreedsystem,to allow patent ordinary implementation of the contract the two sides agreedon the right to appeal, the third proposal to develop a comprehensive patent licensecontract filing system, so that confrontation may occur against.In the last article pointed out that the protection of the rights of the general implementation of the patent license need to strengthen the support of the legal theory,from the origin of the right angle to clear the basis of the general implementation ofthe rights litigation rights.Conditions for prosecution of patent implementation ofcontract litigation rights protection from the patent holder and the generalimplementation of the rights status of persons, the general implementation of rights,the right of appeal agreed, license contract registration publicity comprehensivelyanalyzed in order to respond to litigation that may occur in a variety of case.Whenfaced with a patent infringement, effective system of litigation rights set to be able toprovide a solid guarantee of the parties to the contract.