Research On The Effectiveness Of Right Produced By License Of Intellectual Property

The right produced by the license of intellectual property means that licensee can makes use of licensor's economic rights of intellectual property and benefit from it within a certain period and area.The effectiveness of the right produced by license of intellectual property means whether it should have exclusive effectiveness and counter effectiveness.Exclusive effectiveness means the licensee should have the right of excluding the third party to infringe on the intellectual property rights,while counter effectiveness means that the licensee should have right to counter the assignee of the intellectual property.The nature of the right produced by the license of intellectual property akin to usufructuary rights,so it should have exclusive effectiveness and counter effectiveness.However,current legislation in China is insufficient in its exclusive effectiveness and counter effectiveness.On the exclusive effectiveness,only the judicial interpretation of Trademark Law provides that exclusive license has exclusive effectiveness while non-exclusive license hasn't;on the counter effectiveness,only the Trademark Law provides that a license contract has not been filed shall not be against a bona fide third party,Copyright Law or Patent Law provide registration,but there is no prescribe about its effectiveness.Compare to their nature,legislation should give all kinds of license of intellectual property exclusive effectiveness and counter effectiveness.The right produced by license of intellectual property should have exclusive effectiveness,so that licensee can prepare legal actions independently,and it should have counter effectiveness so that licensee can counter the assignee of the intellectual property.But both exclusive effectiveness and counter effectiveness base on publicity of License of intellectual property.