Research On Legal Issues Of Patent Trust

The implementation and utilization of patent right is the weakest link in the National "Intellectual Property Strategy Promotion Project",and the transformation of patent right achievements is difficult,which has become the bottleneck of the development of high-tech industry in China.The severe situation urgently needs us to seek a breakthrough for the transformation of the patent right,the patent right trust then arises under this kind of situation.The trust system can not only maintain and increase the value of the patent,but also serve the society and promote the high-quality economic growth of our country.At the present stage,the realistic development and legal research of trust in our country are more limited to the category of tangible property.Although its achievements are not lack of achievements,the patent right,as a non-material property,there are great differences between trust and tangible assets in trust activities and dispute settlement,so the present trust system can not provide sufficient theoretical explanation and theoretical basis for the development of Patent Trust.After a thorough analysis of the basic theory and legal relationship of the patent trust system,this paper systematically summarizes the legal dilemma faced by the patent trust system in China,by studying the practice effect and system advantage of patent trust in foreign countries,this paper provides theoretical support for legislation,judicature and practice of patent trust in China.In addition to the introduction,this paper is divided into four parts to elaborate the relevant issues.The first part is the theoretical analysis of the Patent Trust.Starting from the concept of trust,this paper points out two characteristics of our understanding of trust,namely,not requiring the principal to transfer the property ownership to the trustee,and attaching importance to the role of the trustee in the trust and the protection of the rights of the trustee,on this basis,the general theory of Patent Trust,including the concept,model and function are discussed.Finally,the legal relationship of the patent trust is analyzed systematically.The purpose of this part is to elaborate the basic idea of trust operation when the patent right is the trust property,and outline the basicframework of the patent right trust.The second part analyzes the dilemma of developing patent trust in China.The first is the uncertainty of the patent itself.There is the risk of invalidation of the right,technical renewal and infringement action,and the second is the lack of patent value evaluation system.It mainly analyzes the blank of our country’s law from three aspects: The evaluation subject,the evaluation object and the evaluation responsibility.This paper mainly discusses the system defects of the Patent Trust Registration System in China from the subject of registration to the procedure of registration,starting from the problems of ambiguity and unclear provisions in Article 10 of the Trust Law,lack of standard trust supervision system.The specialty and risk of the patent trust itself have put forward higher requirements for the supervision of the trust,but there are some problems in the trust supervision mechanism in our country,such as the lack of legal norms,the overlapping of the functions of the supervision institutions,the disconnection between the supervision system and the market,etc.,in the long run,it will have a negative impact on the healthy development of the patent trust market.The third part is the review and reference of Overseas Patent Trust.First of all,it introduces the practice and legal system of patent trust in the United States,and after analyzing the value of the trust,it puts forward some enlightenment suggestions such as perfecting legislation,innovative structure,moderate supervision,etc.,sum Up its legislation first,cooperation operation,improve the supervision mechanism of three aspects of experience.The fourth part elaborates the suggestion of perfecting the patent trust system of our country.The first is to clarify the contents of the patent trust contract.It is suggested that risk indication,liability undertaking and management method should be specified in order to reduce the legal disputes when patent right is declared invalid,and the second is to improve the patent value evaluation system.The author tries to make up for the lack of the current patent evaluation norms from three aspects:enlarging the scope of evaluating the applicant,defining the object of patent evaluation and standardizing the content of patent evaluation.The Patent Trust inChina should adopt the principle of effective registration,and the registration institution should be the registration center of Shanghai Trust,and the contents of registration should be standardized.It is proposed that a patent trust supervision department should be set up to be responsible for the supervision of patent trusts,and the supervision department should grasp the principle of moderation in the supervision,so as to give the trust institutions sufficient room for development,in addition,the management function of Trust Association should be brought into full play.