Inquiring Into The System Of Intellectual Property Good Faith Acquisition

In recent years,with the development of intellectual property law,and the further refinement of the traditional civil law,Whether intellectual property can be applied to the bona fide acquisition system has been became a highly controversial topic.On a review of the whole situation of the research on the bona fide acquisition system of intellectual property rights,Most of the research scattered in the copyright,trademark right or trade secrets right and other specialized areas of intellectual property law.There is little research on the applicability of this kind of rights as a general intellectual property right to the bona fide acquisition system,and there is no systematic research about this.This paper intends to study the current situation of the system of bona fide acquisition of intellectual property rights in China at present,take a thorough study of the legislative situation and judicial practice of this system at home and abroad,and try to find excellent legislative experience?Then we will discuss the theoretical basis of the system of good faith acquisition of intellectual property rights.Mainly from its necessity,feasibility and the scope of the system of bona fide to expand to the field of intellectual property can bring the value of the market economy and legal value to proceed?Profoundly explain the construction of the system has a solid theoretical basis.And then on this basis into the focus of the paper chapter,To explore the construction of the system of bona fide acquisition of intellectual property rights,This section first analyzes the preparation of the system before the preparation.That is,first,we need establish a complete registration of confrontation system,this system adequate respect for intellectual property as a private property while promoting trade prosperity and protection of transaction security,and make up for the lack of publicity in China's intellectual property situation;Second,we must insist on distinguishing between applicable ideas.Intellectual property contains a variety of different types.And in the future social development,there would be a new type of intellectual property.So the application of the bona fide acquisition system can not be all deny or can not be unified.Differentiated treatment should be advocated for innovation.And then the second section of the General Principles of Civil Law can be clearly defined in the scope of the bona fide acquisition system to expand to the field of intellectual property,And shall specify the applicable rules in specific laws such as patent law,trademark law and copyright law.In the third section,the general constituent elements of the bona fide acquisition system of intellectual property rights and their attention.Mainly discusses three basic constitutive requirement.The last section discusses the legal effect of the bona fide acquisition system of intellectual property right,and analyzes the connection and difference between the constituent elements and the legal effect.