Research On Inheritance System Of Intellectual Property

At present,in an era where everyone is in the media,people's awareness of intellectual property rights protection is gradually improving,however,regarding the rules governing the succession of intellectual property rights,China is not clear on the legal level,and it only makes relevant provisions in Article 3 of the "Inheritance Law." With intellectual property becoming more and more in-depth in all aspects of our lives,the current academic community's research on the inheritance system of intellectual property rights is not comprehensive.Therefore,it is particularly important to pay attention to inheritance of intellectual property rights.In the existing research on inheritance system of intellectual property rights,only one aspect of the copyright,patent right,or trademark right is often studied.However,there is no systematic and indepth study on the inheritance of intellectual property.At present,during the compilation of the civil code divisions,the study of the inheritance system of intellectual property has far-reaching significance.Therefore,based on the theoretical basis of inheritance system of intellectual property,including the inheritance of subject,object,scope and particularity of intellectual property,the article examines the inheritance system of intellectual property in other countries and regions of the world.In addition,the article analyzes and studies the difficulties faced by the inheritance system of intellectual property from three aspects: the evaluation of intellectual property rights,the division of property,and the use of intellectual property rights.The problem with the assessment of copyright is that the value of copyright is often difficult to determine,and there is a certain degree of difficulty in accurately measuring its value.The difficulty in the division of copyright lies in the fact that many people jointly inherit the division of copyright property rights.The obstacle to the exercise of copyright lies in the different ways of division,and the exercise of rights after inheritance will also be different.For patent rights,the difficulty in evaluation lies in the imperfection of the patent value evaluation system;The hurdle to segmentation is that the difference in the way of sharing determines the different ways of segmentation;The dilemma of management use lies in whether the exercise of patent rights requires the unanimous consent of other joint heirs and the distribution of benefits obtained through licensing.For trademark rights,the loopholes in the appraisal are the confusion of the appraisal objects,the uncertainty of the appraisal method,and the imperfection of the appraisal system;The defects of segmentation lie in the use of relevant segmentation rules and the selection of segmentation methods.The difficulties in exercising exist in the choice of management methods,the exercise of rights,and the distribution of benefits.With regard to the problems arising from the inheritance of intellectual property rights mentioned above,the article finally put forward the solution to the dilemma of the inheritance system of intellectual property rights.For the improvement of intellectual property heritage assessment issues,the evaluation of copyright value must be subject to professionalism and comprehensiveness,and the impartiality of evaluation procedures should be followed.The objectivity of the assessment results,etc.;Assessment of patent rights should establish standardized assessment procedures and appropriate assessment methods;The evaluation of trademark rights must be made to clarify the value attribute of trademark rights,determine the evaluation method of the value of trademark rights,and establish a scientific evaluation system.For the improvement of the division of intellectual property heritage,the construction of copyright division should be presumed to be a common share among the heirs;The determination of the division of patent rights should refer to the application of the common law in the Property Law;For the resolution of the division of trademark rights,reference can be made to the provisions of the Property Law on the division of common objects;For the improvement of the use of heritage management,copyrights can be regulated according to the way in which cooperative works are handled;Exercising the joint patent right must first fulfill the notice obligation,and the common heirs can use the ordinary license method to permit others to exercise the patent right without exercising the unanimous consent of other joint owners.With respect to the allocation of the license fee,the third party can license the third party to use the common patent right.Licensing fees should be distributed among shared heirs;The license use of trademark rights first needs to improve the legal provisions,and then establish the relevant systems that are common to trademark rights,that is,the representative system.