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Construction Of Major Economic Activities Of Intellectual Property Appraisal System

Posted on:2014-06-20Degree:MasterType:Thesis
Country:ChinaCandidate:G ZhouFull Text:PDF
GTID:2256330401489950Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, our country implemented a large-scale macroeconomic plan.Problems of appraisal object, is not specific, broad subject and division of responsibilityis not clear, the program more confusion and government investment in economicactivities of intellectual property review. Is the source of intellectual property appraisal tolack of corresponding theoretical research, intellectual property right itself invisible andvalue uncertainty, the lack of overall framework of intellectual property appraisal. Whilethe current economic examination and approval activities because of procedure is notscientific, the operation effect is poor, can not solve the problem. Only by improving theintellectual property appraisal policies and regulations, perfect intellectual propertyappraisal system, appraisal of different units and personnel cultivation, set up theappraisal procedures to reduce project risk of intellectual property, intellectual propertyappraisal work. The policy level, intellectual property appraisal is China’s "nationalintellectual property strategy" requirements, specific guidance document for the "InterimMeasures for major economic activities in science and technology intellectual propertyappraisal management pilot work". China is also for the intellectual property review pilot,exploration of intellectual property appraisal of major economic activities in the.The biggest difference between the major economic activities of intellectual propertyreview and major economic activities of intellectual property appraisal is that the formeris the administrative examination and approval procedures, the latter for the publicservice program, which is to define the legal attribute of intellectual property, and also isthe foundation of the whole thesis. Intellectual property appraisal main body by theintellectual property management departments of the government as a guide unit,intermediary agencies for approval department for review results in charge, expert reviewgroup. In this model, the government have information, human, financial, database andother resources, intermediaries have the appraisal object, high efficiency, wideresponsibility clear advantages, expert review group of simple, convenient operation,rapid appraisal strong credibility, strength. At the same time, the model can makegovernment work tasks, the agency strength Co. and driven by economic interests, theexpert review group members are less. Among them, the development of intermediaryinstitutions, government should set up the qualification, condition, preferential policies and other aspects of the introduction of specific management measures.The use of government funds or state funds up to a certain amount, a kind of specificprojects to focus on R&D and other eight categories of economic activity are intellectualproperty appraisal scope. The object of intellectual property appraisal is divided intooptional review class and must review class, the optional review class, including theability to create and intellectual property environment, must review includes projectmanagement level of intellectual property and intellectual property results using.Intellectual property appraisal content can be divided into the government significantinvestment, focus on R&D, technology import and export or industry, talent introduction,mergers and acquisitions, corporate listing review, technical standards and Exhibitionactivities.The program is the intellectual property rights of life, intellectual property reviewprocess can be divided into the pretage procedure, appraisal procedure, objectionprocedure three. Prepositional procedure can be divided into the form of reviewprocedures, the confirmation process, an evaluation procedure relativity, general reviewprocess by the investigation procedures, protocols, vetting, implementation procedures,objection procedure can be divided into does not agree with the appraisal conclusionopinions and the project application unit does not execute the appraisal opinion leadershipoffice two. In the above basis, according to the intellectual property appraisal purpose andthe practice law, article two sets of different intellectual property appraisal procedures,namely fast program and normal procedures. Fast correlation recognition degree programcorresponding to its related activities,the normal procedure corresponding key. The keydifference between the two sets of programs is the acceptance of the different steps.Legal liability of intellectual property appraisal can be divided into the main body ofthe legal liability and the application. Intermediary institutions should take the way ofunlimited liability partnership with limited liability, legal responsibility of governmentdepartment is mainly the responsibility of leadership, expert appraisal committee’s mainresponsibility for criminal responsibility of violation of the confidentiality provisions ofthe. The legal problems in the process is divided into the objection, intellectual propertylaw on the civil law of the objections, anti-unfair competition law on the objection. Inaddition, the legal problems of transfer for application data, appraisal conclusion,conclusion and open, review period, charges are also described.
Keywords/Search Tags:Significant economic activity, Intellectual property appraisal, Intellectualproperty trial Discuss
PDF Full Text Request
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