Reasearch On Licences Of Right In China

How to improve the patent conversion rate has become a difficult problem in China's current patent field.In order to change this situation and improve relevant laws and regulations,China proposed to amend the Patent Law in 2015.In this revision,a new system named License of Right.License of right system is added to promote patent conversion,which fully shows that China's patent administration department has attached great importance to patent conversion.License of Right system started in the United Kingdom,because it provides a good way for patent conversion,many countries have carried out selective introduction to it according to their national conditions.This thesis makes a detailed analysis of the License of Right system in order to provide some inspirations for the revision of China's Patent Law.In the first part of the thesis,the concept and characteristics of License of Right system are introduced profoundly,and the necessity of introducing this system into China is analyzed by clarifying its positive effect on patent conversion.In the second part of this thesis,the License of Right system is compared and analyzed.On the one hand,it compares the License of Right system with other license systems;On the other hand,it compares the regulations of License of Right system in China's Patent Law draft with those of foreign countries.Thus,We can conclude that the License of Right system has the characteristics of both compulsory license and voluntary license.After summarizing the legislation and specific implementation contents of six countries,namely Britain,France,Germany,Russia,Brazil and Thailand,the conditions and procedures for the specific implementation of License of Right system are clarified,and the differences among countries in the implementation can also be seen,as well as the advantages and disadvantages of different provisions.The third part analyzes the feasibility of Licenses of Right system in China,by looking into the advantages and disadvantages of the License of Right system,and the specific implementation conditions of it in different foreign countries;However,it isfound that there are some problems in China's Patent Law draft;for instance,the specific regulations relevant to the License of Right system do not have sufficient incentive policies to the patent holders,and the outlook to the implementation of the License of Right system in China is not optimistic.In the fourth part of this thesis,the author puts forward some suggestions on the provisions relevant to Licenses of Right system in the revision of the Patent Law draft of China: First,to optimize and simplify the proposal procedures,and open online access to the registration of License of Right for the patent holders;Second,to add the annual fee preferential policy;Third,to set up time limit for the patent holders to withdraw the license of right;Fourth,to give the licensees the right to bring a lawsuit against the infringement;Fifth,to exclude the patent of utility model and the patent of appearance design from the License of Right.