| The intellectual property right is the kind of right that its subject can dominate the object of the right according to the law.Intellectual property rights can be transferred based on legal acts and non-legal acts.Based on non-legal acts,the transfer of the intellectual property right needn’t publicize for it doesn’t involve the transaction security of the third party.While the transfer of intellectual property right caused by legal action generally involves the transaction security and efficiency of the third party,it must be publicized in some way.Publicity effect of the transfer of the intellectual property right means to the potential transaction subject based on transaction of the public’s right state which should be protect by law.This can help protect the security of transaction and increase the efficiency.The articles of publicity efficacy are different in patent law,trademark law and copyright law.As for the patent transfer and licensing,the way to publicize is different in the patent law.Patent transfer applies registration validity doctrine while the publicity legislation of patent licensing is not clear.The trademark law uses the registration validity doctrine in trademark transfer.And it adopts the doctrine of antagonism in trademark licensing.As for the transfer of copyright and licensing,copyright law adopts meaning-ism.There are no regulations of the publicity effect.China’s current legislation on the different and the same intellectual property rights’ s license and transfer etc.change way take non-integration potency of arrangements.Therefore,the change of the same right has different efficacy and the same right did no have the same system arrangement,which can’t meet the requirements of the legal systematization theoretically.In practice,the public needs to be familiar with the system of three different arrangements.Thus transaction subject has difficulty fitting the situation.And this will increase transaction costs and decrease transaction efficiency.The same publicity effect should be arranged by amending legislation.Therefore,the publicity effect of intellectual property change should adopt doctrine of antagonism,and the relevant provisions in patent law,trademark law and copyright also need to be adjusted. |
