Research On The Invalid Declaration System Of Authorized Intellectual Property In China

The fundamental purpose of the various institutional arrangements of intellectual property law is to pursue a balance between the multilevel interests of the society,such as the exclusive rights of intellectual property rights,the interests of the public and other related personal interests,and to achieve the protection of the stability of intellectual property rights.The public use of knowledge products to safeguard public interests,so as to achieve the value of intellectual property rights balance and protection of public interests.The system of authorized invalidation of intellectual property rights is one of the important mechanisms for balancing intellectual property interests.It grants interested parties,the public,and other entities to request specialized agencies or request inquiries directly from the court in case of infringement,when they believe that the authorized intellectual property rights do not have corresponding authorization conditions or have other illegal conditions.The right to invalidity of property rights.The system is to provide a reasonable relief means to move illegal rights from the monopoly scope to the public sphere.The essence of the system is to balance the private rights protection of intellectual property rights and the use of knowledge products by the public,so that the intellectual property law can be implemented on the one hand.The full protection of private rights of right subjects,on the other hand,takes into account the effective needs of social public rights,and ultimately promotes the development of the entire social economic and cultural environment.This article starts with the current single-line law of China on the provisions of the system of the declaration of invalidation of intellectual property rights,sort out the status of the declared invalid entity,the reasons for the invalidation and the legal effect of the invalidation declaration.Analyze the existing problems,and combine the typical countries and The relevant provisions of the region,starting with the improvement of the current law and the general provisions of the civil code division on the invalidation declaration system,will explore the suggestions for improving the system of invalidation of authorized intellectual property rights in China.In addition to the quotation and conclusion,this article is divided into four parts:The first part analyzes the conceptual connotation and function of the system of invalidation of authorized intellectual property rights.On the concept of definition,on the one hand,taking the current research results of the academic circles as an opportunity,through the discussion of the concept of invalidation of patent rights and registered trademark exclusive rights,the definition of the system of invalidation of authorized intellectual property rights is defined as a whole.The system of authorized intellectual property rights ineffective declaration refers to the system of intellectual property rights that has been authorized by the intellectual property management agency to be repealed by specialized agencies because it does not comply with the relevant provisions of the Intellectual Property Law.On the other hand,it distinguishes from the revocation system,sorts out the differences and linkages between different systems,and further defines the scope of delineation.In terms of reading functions,it is believed that the system of authorized intellectual property rights invalidation has three functions: error correction,defense,and defense.The error-correction function reflects that specialized agencies and the public have provided a channel for correcting mistakes,eliminating intellectual property issues and safeguarding the interests of the public.The defense function is a legal defense tool given to the accused infringer,protecting the accused.The rights of the infringer to the litigation remedies,and the defensive functions are embodied in the weapons for the exclusive right holders to be actively defended,and the interests of the exclusive right holders are protected.The functions of these three aspects are brought into play and merged with each other so that the diversity of interests of the society has reached a new level of balance.The second part studies the status of the invalidation system of authorized intellectual property in China.This article takes the three important contents of China's authorized intellectual property rights invalidation announcement system as the research scope of this article,that is,the system of declaration of an invalid subject,the system of invalidation and the system of legal validity of invalidation.Analysing the outstanding problems of the three systems,pointing out the fragmented management caused by the decentralized model of the promulgation of the main body and the problems caused by the suspension of trials and circular litigation caused by the single system model,and the inadequacies of the declaration of invalidation prescribed in the individual laws.There are problems with the general provisions concerning the reasons for invalidation of authorized intellectual property rights and the deficiencies of the principle of non-reconciliation and retroactivity in the legal validity of invalid declarations.The third part examines the related systems of the typical countries and regions of the Anglo-American law system and civil law system.Through inspections,summing up the jurisdictional power that gives the courts the effectiveness of intellectual property rights is the trend of the times.The parallel declaration of the main model and the relatively concentrated trial model is also the mainstream trend.There are certain differences between China's laws and regulations concerning the reasons for invalidation and the legal effects of invalid declarations.The experience of typical countries and regions provides some inspiration for the improvement of China's relevant systems.The fourth part proposes perfect suggestions from two aspects in view of the problems existing in the system of invalidation of China's authorized intellectual property rights.Regarding the perfection of the single-line law concerning the provisions of the system for granting invalidation of intellectual property rights,it is necessary to proceed from the following aspects: First,the main body that has declared invalidity shall,on the basis of retaining the status of the body declared by the specialized agency,confirm the judicial organ's hearing.In the case of infringement of intellectual property rights in the case of infringement and the judicial change right granted to the court in the invalid administrative proceedings for the decision of the invalidation of the specialized agency,the Court shall be the subject of the determination of the ineffectiveness of intellectual property rights,and at the same time the establishment of the court and the specialized agency The coordination mechanism will give full play to the role of the two in identifying the invalidity of intellectual property rights,ensuring the balance between private interests and the interests of the general public and realizing the sound operation of intellectual property laws.The second is to propose amendments to the inadequacies of patent rights,registered trademark rights,etc.for the reason that the declaration was invalid.The third is to address the legal effect of invalidation.On the one hand,the application of the principle of non-reconciliation of the one-off shall not only restrict the world-visibility of the range of subjective effects,but also limit the expansion of the scope of objective validity,and realize the correct application of the principle of non-compliance;On the one hand,with respect to the scope of retroactivity,it is suggested that the word “adjudication” should be deleted in Article 47(2)of the Trademark Law and Article 38(2)of the Regulations for the Protection of Plant Variety Rights,and Article 47,paragraph 2 and Article 47,paragraph 2 of the Trademark Law,add the term "conciliation agreement" and add "conciliation statement" and "conciliation agreement" in Article 38,paragraph 2 of the "Regulations on the Protection of Plant Variety Rights"."Two words.For the general provisions on the system of declaration of invalidation of authorized intellectual property rights in the Civil Code Division,the “General Provisions on Intellectual Property” chapter may be established under the “General Principles of Property Rights”.In this chapter,“invalidation of intellectual property rights” is established."Schedule",to formulate articles concerning the invalidity of the subject,the reasons for invalidation,and the legal effects of invalidation,to achieve the general provisions of the invalidity of intellectual property rights.