Research On The Establishment Of China's Patent License Of Right System

On April 1,2015,"The amendment draft of People's Republic of China Patent Law" was promulgated,that the amendment is the fourth revision to the Patent Law since it was established.From the content of the amendment draft,the revised terms is up to 33,14 added,one deleted.It is worth noting that the draft add chapter "patent implementation and using",China's patent trading market is imperfect and lack of reposal,patent information between patent owner and askeris asymmetric,in order to solve those issues,patent license of right is established.As a new patent licensing regime,the establishment means China's patent market and the using of patent changes a lot.However,What are the characteristics of the patent license of right regime,why we establish such a law system,what the problem we are facing inpatent licensingregime,why the existing patent licensingregime can not solve these problems,how to improve the appropriate institutional framework from the system level,etc.I believe that in-depth study of these issues,it will certainly improve our patent system construction license and patent licensing system is of great significance.Specifically,the dissertation is divided into four parts.The first part of the dissertation is an overview of patent licensing regime.This section discusses the concept of patent license of right,on the basis of the characteristics and advantages and disadvantages of license of right,patent licensing system for analysis,while the patent license of right,respectively,of implied license and compulsory license are compared,in order to highlight the innovation of the regime.The second part of dissertation is the theory analysis on the patent license of rightregime.Theoretical analysis include the legal basis and the basis of law and economics course patent licensing aspects.Jurisprudence based primarily on the promotion of technology dissemination from patent law,the legislative purpose of the use of starting,of course,demonstrated the patent regime to promote the dissemination of technology licensing the use of reason and value of the regime it is to achieve the value of the patent.Analysis based on economics uses economics "cost-benefit" analysis,analysing the potential benefits and potential cost.The writer think that the license regime has advantage and disadvantage.At last,the writer think the patent license of right regime plays an important role on reducing negative impact of the patent regime.The third part is from the perspective of comparative law on the implementation of the conditions to be defined,patent license of right.This section analyzes the UK,France,Germany,Thailand on their patent licensing conditions for implementation of legislative practice,to further illustrate the impact of patent license of right in implementation of the existing problems,and the conditions for implementation of the relevant points to define.The fourth part is the construction patent license of right regime.First,from two analyzes the status of implementation of patent analysis,including patents and patent conversion information asymmetry conversion rate.Then,the writer affirmed the necessity of the establishment of our country at this stage of the license of right regime,based on the analysis of the "Patent Law Amendment Draft" of the provisions of its licensing regime content.Combined with the current shortcomings of the draft amendments to the Patent Act were put forward to improve our patent licensing course recommendation system,including a clear calculation of the standard royalties,patent fees by half to give concessions,simplifying the procedure of the patent license of right regime,setting up a special patent licensing authorities,perfecting other provisions of the Patent law and so on.the conclusion of the dissertation further confirmed the advantage of the patent license of right regime.emphasizing the important meaning of the establishmentof the regime.At the time of national taking intellectual property strategy,how to promote the using of patent is becoming more and more important.The patent license of right regime as an important law regime to promote the using of patent is established in our country when the fourth revision of the Patent Law is of right time.