The necessity of establishing a patent enforcement right transfer system
(1) Patent enforcement right transfer is a diversity of market transactions Requirements for clarity
The lack of a patent enforcement right transfer system cannot meet trade needs and is not conducive to clarity in transactions. The diversity of transactions determines that patentees and patent licensees will have different needs under different conditions, and the clarity of transactions requires the law to exercise its due guiding role. The concept that "if there is no express prohibition by law, it is a license" is recognized by many people. However, in scholars' relevant writings on contract transfer, patent licensing contracts are generally listed as non-transferable contract types. The author believes that the difference in understanding just illustrates the need for further clarification. It is necessary to establish and improve the transfer system of patent enforcement rights by giving appropriate freedoms to patent enforcement rights holders and setting certain constraints on the transfer of patent enforcement rights.
(2) Transfer of patent implementation rights is a requirement for the full realization of the value of patented technology
Implementation or licensing The implementation of patented technology by others is the main way for patentees to obtain income, and it is also an important channel through which the economic value of patented technology can be realized. This is why patent implementation rights can become the subject of transactions. However, in general, the implementation of patented technology not only requires corresponding supporting facilities, but may also require relatively high capital investment. Not everyone has the conditions to implement it in all situations, which is why the patentee allows others to implement the patent. one. However, the absence of a patent enforcement right transfer system may expose the patent enforcement right holder to the danger of being unable to implement the patent on the one hand, and unable to transfer the patent enforcement right on the other. The existence of this "danger", whether before or after the signing of the patent license contract, hinders the full realization of the value of the patented technology.
(3) The absence of institutions can lead to imbalances in rights and interests
"If the market is efficient , then there will be relatively fewer opportunities to seek relief from the court” [5]. In the current environment in which our country’s market economic system is not yet complete, legalThe coordination and monitoring of the legal system are very important. The same is true in patent enforcement rights. The absence of relevant systems means that no matter what happens in the future, patent rights holders will be unable to take corresponding relief measures. Even in the case of death and inheritance (bankruptcy and liquidation) of the licensee (enterprise), without the permission of the patentee, the patentee will be unable to do anything, and the investment in related equipment and funds will be wasted, causing losses. Obviously, this would be biased and inconsistent with the principle of legal fairness.
(4) The absence of the system is incompatible with the development of social economy and other legal systems
Due to its own particularity, the right to exploit a patent has been excluded from transferable claims by the Civil Code of my country, but the nature of property rights inherent in the right to exploit a patent cannot be obliterated. Patent enforcement rights have use value and exchange value. As the economy develops, they will inevitably become the object of transactions (in fact, they have become the objects of transactions in other countries). The capitalization of patent enforcement rights has gradually become a trend and has gradually been incorporated into people's concepts. among. Many countries such as Japan, South Korea, and the United Kingdom have expressly stipulated that patent enforcement rights can be pledged, and the United States has long had a precedent of allowing patent enforcement rights to be invested in shares; even in China, discussions on the suitability of patent franchise rights are common. , there are even more calls to expand the company's investment methods. Let’s boldly imagine that if one day, my country’s Civil Code allows the pledging of patent enforcement rights or my country’s company law allows the use of patent enforcement rights to invest in shares, but the patent enforcement rights themselves cannot be freely transferred, what kind of embarrassing situation the law will face.
The above content shows that it is necessary to establish a system for the transfer of patent enforcement rights, which can standardize the relevant systems for the transfer of patent enforcement rights in my country, so that in practice Relevant legal basis to restrict, everyone can operate in accordance with the provisions of the law. If your situation is more complicated, Legal Savior Network welcomes you to seek legal consultation.
