Study On License Of Right

In the fourth revision of the Patent Law,the license of right system was first introduced to resolve the problem of the low patent conversion rates.Although the license of right has just been introduced into China,it is already a relatively mature patent transaction licensing mechanism in foreign countries.Therefore,drawing on international experience and combining national conditions to promote the localization of the license of right system is an imperative for academic research.This article is based on the current situation of the implementation of China's patent system,a brief introduction of the legal provisions of the foreign patent licensing system,as well as some debates and discussions on the license of right system in China's current academic community,targeted research,trying to make some contribution to the improvement of the license of right system.In this paper,the structure is divided into three parts to study the license of right system:First,a brief comparison of the definition,features,and other licensing methods of the patent licensing system.It also introduced the main provisions of the current draft of the revision of the Patent Law(Draft for Ratification),proposed the possible problems in the draft for review,and the current academic debate on the “Draft for Ratification”.The draft review draft reflects on the issues to be discussed.Secondly,we briefly introduce the regulations on the annual fee concessions in the foreign license of right system,and compare that China's legislation in the license of right is deliberately ignoring the system of annual fee concessions while drawing on foreign experience,although to a certain extent it is partly due to the currentpatents in China.The implementation value is not high,and the annual fee concessions tends to breed the consideration of “zombie patents”,but neglecting the annual fee concessions is a powerful motivating incentive for patent holders to implement the natural permit,and it fails to realize that the annual fee concessions can affect to some extent Of course,the number of licenses may make the licensing system inefficient.Briefly introduce the provisions of the foreign pricing system in the natural licensing system.The comparison considers that China's natural licensing legislation only takes into account the fact that it is the easiest and clearest way to determine the specific license fee at the time of making the natural permission statement,but ignores this practice for right holders.There are very big obstacles in the language.And the immutable price system will,in the end,affect the right holders to get the maximum benefit,and thus the potential licensee's interests may also be indirectly affected,resulting in the lack of efficiency of the natural permit system.This article briefly introduces the regulations on the pre-indictment ban system in the foreign natural permit system,and analyzes the judgment criteria for granting pre-indictment bans in relevant laws and regulations.It is considered that “whether it is possible to make judgment difficult to implement” is an important factor.According to the analysis,if the infringer can reach agreement with the patentee if he can save the license fee,the court may not approve the pre-indictment ban requested by the patentee.From two angles,the analysis of the “Draft for Ratification”excessively restricts the patentee's right to use the patent right.First of all,exclusive and exclusive licenses,as an important way for patent holders to implement patent rights and major means of profit,restrict them against the laws of the market.Secondly,prohibiting the patentee from monopolizing or exclusivity in the course of his natural license granted his patent rights excessively limits the rights of the patentee,and it is contrary to the principle of proportionality.It further spreads out,and proposes to amend the provisions of Article 14(2)of the “Implementation Regulations of the Patent Law” after the revision of the “Patent Law” to distinguish between the effective conditions of ordinary licenses and exclusive and exclusive licenses.The system of registration and filing was originally prescribed,and the registration of the exclusive license and exclusive license was implemented.Finally,through comparison with the patent licensing system in other countries,and in accordance with China's current draft of the "draft for ratification," the provisions of the patent licensing system for China's patent licensing system proposed:First,the parties should be allowed to pass the desired determination Licensing fees;secondly,giving applicants permission to authorize applicants for annual fees;and thirdly,permitting patent holders to apply for pre-indictment injunctions during the course of natural licenses;and finally allowing patentees to exercise exclusive or exclusive licenses during the course of their natural license.