Research On The Legal Effect Of The Intellectual Property Analysis And Appraisal Products In China

Since2005, the central and local governments at all levels have introduced91relevant policies and regulations for intellectual property analysis and appraisal, it showsthat intellectual property analysis and appraisal for major economic， science andtechnology projects has been paid more and more attention in the system level. In August2011, pilot intellectual property analysis and appraisal for national major economic，science and technology projects started. The launch scope of pilot intellectual propertyanalysis and appraisal expands unceasingly, the service mode comes to be more and moremature, the number of professional service firm increases significantly. But intellectualproperty analysis and appraisal theory research remains to be further. The basic issuesshould be resolved fleetly。With respect to generalized intellectual property analysis and appraisal products,theresearch object of this paper is defined in the external appraisal for enterprise andgovernment, intellectual property analysis and appraisal activities for the government isdefined in the range of major science and technology project’s intellectual propertyanalysis and appraisal.This paper selected intellectual property analysis and appraisal products as a anglepoint of view, rules about the main body, object, content, current laws and regulations ofthe intellectual property analysis and appraisal products and comparation betweenintellectual property analysis and appraisal and the similar intellectual property servicemake up the summary of intellectual property analysis and appraisal. Two aspects ofintellectual property analysis and appraisal for government and enterprise classifiedintellectual property analysis and appraisal products.According to the different economicactivity areas of science and technology service segment types,intellectual propertyanalysis and appraisal products’ every major categories can be divided more detailedservice products. On the market at present several typical intellectual property analysisand appraisal products forms, namely: intellectual property analysis and appraisal reprot,patent map, advisory opinion, software, data packets, etc. The above content in this paper is the first chapter: an overview of intellectual property analysis and appraisal products.The core part of this article is the definition of intellectual property analysis andappraisal products and factors that touching the legal effect of intellectual propertyanalysis and appraisal products. The author firstly analyzes the source of the legal effect ofintellectual property analysis and appraisal products. The author thinks that the source ofthe legal effect of intellectual property analysis and appraisal products is promissory orlawful. Promissory legal effect is aimed at the external appraisal for enterprise. Lawfuleffect is aimed at the major science and technology project’s intellectual property analysisand appraisal for the government level. The author took example by the general theory oflegal effect to analyse the power of the law’s attribute of the legal effect of the intellectualproperty analysis and appraisal products, and then from the subjective scope, objectivescope and time range demonstrates the intellectual property analysis and appraisalproducts’s legal power to who, what matters and when.Another major content of this article core part is other factors that touching the legaleffect of intellectual property products.The author first defines the intellectual propertyanalysis and appraisal product’s defects and flaws, and draw lessons from the Americantheory studying the most in-depth in the defective products to divide the type of defectanalysis of intellectual property analysis and appraisal products in China. Finallyexpounding other factors that touching the legal effect of intellectual property products bylist.The conclusion of this paper is: when the intellectual property analysis and appraisalproducts is used, the legal effect of the intellectual property analysis and appraisalproducts changes to protection and restraint to the body who directly participates inscience and technology project and enterprise management of intellectual property subjectand the expert that indirectly participates in the subject. This source of protection andrestraint is divided into two types:the legal effect of intellectual property analysis andappraisal products of the external appraisal for enterprise comes from the compact;thelegal effect of the major science and technology project’s intellectual property analysisand appraisal for the government comes from the law. The defects of intellectual propertyanalysis and appraisal products,main body qualifications, form or content of the products, standard of the analysis and appraisal process and the policy basis are factors that touchingthe legal effect of intellectual property products.