Research On The Reduced Application Of Full Compensation Principle

With the progress of science and technology economy and knowledge economy,countries around the world also attach more and more attention to the protection of intellectual property rights.Although it was hit by the epidemic in 2020,the intellectual property industry helped many enterprises resist the impact of the epidemic and resume work and production,stimulated the creative vitality of enterprises,and provided strong support for its high-quality development and construction.The number of patent applications still increased by 16.1%year on year,ranking the first in the world with 68,720 pieces.It can be seen that the creation and utilization of intellectual property rights is undoubtedly the key element of strong competitiveness in economic and social development.As a very important part of intellectual property rights,the transformation and application of patent rights can quickly promote the transformation and upgrading of enterprises.Although China’s patent application base is large,but the transformation situation is not ideal.Therefore,the top priority is to actively explore the realization path of the transformation and application of patent value.As an effective way of asset management,trust can quickly integrate funds and introduce trust into the field of patent financing,which is an effective measure to solve the current difficulties of patent transformation in China.Based on the basis of analyzing the problems in patent trust financing,this paper draws the patent trust financing model of the United States and Japan and proposes the proposal according to the actual situation of China.The procedure of patent trust financing is more complex,and its operation and development involve knowledge protection in various aspects of law and finance.Although this article involves many aspects of the content,but the ultimate foothold is still in the law.The first part of this paper introduces the current situation and shortage of patent trust financing in China.The second part mainly analyzes the relevant legal system of Chinese patent trust financing and its influence on patent trust financing.Article 116 of the Article 116 of the Civil Code and the principle of legal right,which the the number of high-quality patent without incomplete patent operation and management ability.The existence of these problems all affects the deep development of the patent trust operation.The third part mainly studies the patent trust financing practice cases in Japan and the United States and its enlightenment to China.One is a highly market-oriented patent trust financing mode,and the other is a policy-driven patent trust operation mode,which China can learn from on the basis of the existing national conditions.The fourth part,to study how to improve China’s patent trust mechanism in the legal and portfolio financing level.First,not against the principle of statutory doctrine,Promote the easing of property doctrine,On the basis of recognizing the legitimacy of multiple property rights,Effectively realize the efficiency of the "bankruptcy isolation" of the patent returns,To ensure the effective promotion of patent asset securitization;Secondly,we can also learn from the operation mode of the American Gaoxin Patent Fund,Intellectual property portfolio financing:portfolio financing with patent,copyright,trademark and other intellectual property rights,Financing with the help of enterprise physical assets if necessary,Improve the financing rate and success rate;Again,by clarifying the object of the patent trust registration,taking the registration as the only way of the patent trust publicity,and learning from the unified registration of the US patent trust and other methods,Build a patent trust registration and supervision mechanism with Chinese characteristics;In addition,through the establishment of a strong regulatory body,the establishment of a strong information disclosure system,clear the responsibilities of regulatory agencies and other ways to create a strong patent trust supervision supporting mechanism;Finally,it is suggested to supplement the relevant provisions of the combined mode of "Industry,Industry,Research and Administration" in the Law on Promoting the Transformation of Scientific and Technological Achievements,Drawing on the measures connected between Articles 43 and 45 of the Act,Puraims to promote the transformation and utilization of scientific and technological achievements through the improvement of legal provisions,Build a good legal environment for patent trust financing to reduce relevant risks.