The Conflict Between Patent Exclusive License And Transfer And Its Solution

Due to the invisible nature of the object of the patent right,there are a variety of rights coexist and conflict with each other in the process of patent licensing and transfer,.Existing methods only consider the single factor of registration.It's scattered even if there are other factors.The single factor method is fragile,and it is difficult to weigh a variety of interests;the scattered elements are unstable and difficult to guarantee the stability of the law.This paper advocates the adoption of explanatory system of multiple elements,and on the basis of specific value judgments,determine the relevant elements.The application should consider both the sufficiency of each element itself and the weight of each element and its interaction.On this basis,a comprehensive judgment is made to achieve the maximum satisfaction of the interests of all parties involved in the conflict.Defining the essence of the object of study is the premise of interpretation and analysis.The essence of patent right is the right of prohibition.The essence of the right of patent exclusive license and patent transfer is also the right of prohibition.The difference is mainly due to the restriction of prohibition right.The essence of the conflict between the two parties is that different subjects have reached the same scope of prohibition of the same patent.Conflicts exist in three categories:patent multiple transfer,patent multiple license,patent exclusive license and patent transfer.The construction of explanatory system of multiple elements is not operating behind closed doors.This paper from three aspects of existing academic research,judicial practice and comparative law,extracting the elements needed to solve the conflict,for system construction.Elements include registration,informed,bona fide acquisition,payment and time.This paper proves its applicability from the importance and applicable circumstances of explanatory system of multiple elements.This paper sorts and sums up a variety of factors that have been extracted,and constructs an explanatory system including earlier rights element,appearance element,subjective element and consideration element.The judgment of the sufficiency degree of each single element presents the effect of dynamic change.The level of each element is not fixed,reflecting the appropriate value orientation.The priority of earlier rights is a general principle,the co-movement of subjective element and appearance element,can compete against the element of earlier rights,and consideration element can against the first three elements in the way of balancing interests.According to the explanatory system of multiple elements,the priority rules are explained for various conflicts.The result is often decided who has priority,but because of the invisible nature,there will be the coexistence of rights.Finally,the conclusion is drawn that although the explanatory system of multiple elements has its advantages,it should pay attention to its limitations when it is applied,so as to realize the substantive justice of the case...