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Research On The Application Of Patent Implied License

Posted on:2017-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:X SunFull Text:PDF
GTID:2296330485980471Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Patent law is the most complex and the most professional part of intellectual property law. From the introduction of the first patent law in 1984 to today, China’s patent system in theory and practice are gradually enhanced. Patent cases have a diversified and multi style trend to development. Although the patent law of China has experienced several amendments, judicial interpretation also improved year by year, patent law amendment draft is still under discussion, the law has the characteristic of lag and stability, in judicial practice, the current patent law still can not meet the needs of a part of complex cases, which is one of the relevant legislation on patent implied license. Patent implied license is different from the traditional express license. The application of implied license is not the same as the case. In the judicial practice, the implied license is a kind of infringement defense, and the exercise of the accused person on it must limit the right of the patent owner to a certain extent. But from the whole view of the protection of intellectual property rights, whether the protection of patent rights or restrictions, is to build and perfect the intellectual property protection system of our country in complementary parts. Only by defining the limits of implied license, can we curb the abuse of rights, maintain a good market order, so as to ensure the scientific and technological progress. Especially in our country has been more attention to the protection of the patent right, the coordination of the protection of the patent right and the protection of the public interest is even more important. It is best to define the limits of patent implied license in the study, otherwise, if blindly emphasize the limitation of the patent system of the patent right, it will hinder the progress of the society and the development of economy.Chapter one introduces the current situation of our country’s legislation at first. Then, by introducing a dispute case, it introduces the related problems in the practice of our country’s solution to the current crisis, and points out the existing problems in China’s patent infringement trial practice is the applicable scope of implied license uncertain, determine the elements of the implied rules of patent licensing is not clearly defined, and the content is not comprehensive.Chapter two analyzes the basic theory of patent implied license and its value, including the essence of patent implied license, the relationship between interest and the principle of exhaustion of rights. Patent implied license is essentially a patent licensing contract.Chapter three introduces the application situation of patent implied license. To make a specific division and classification. According to different circumstances, the patent implied license can be divided into four categories.Chapter four and chapter five put forward the specific application requirements of patent implied license and analyze the specific content of the patent implied license, including the scope of the license, the duration of the license, the license area, license fees and other specific content.The conclusion summarizes the feasibility and necessity of the application of patent implied license from the angle of legislative perfection.
Keywords/Search Tags:Patent implied license, Right conflict, Balance of interest, Limitation of implied permission
PDF Full Text Request
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