What are the rules for exercising rights when patent rights are shared
Patent rights, as intangible property rights, have characteristics that are different from property ownership. When the rights are shared, special rights exercise rules should be followed.
However, my country’s Patent Law and its Implementing Rules do not provide for this. Therefore, when the Patent Law is revised, this aspect should be added. Patent right is an intangible property right whose object is intangible technical information, which can be shared by multiple subjects, and its use will not cause wear or damage like physical objects.
Article 10 of the "Computer Software Protection Regulations" stipulates: "Cooperatively developed If the software cannot be divided and used, its copyright shall be shared by all co-developers and shall be exercised through consensus; if consensus cannot be reached and there is no legitimate reason, no party shall prevent the other party from exercising other rights except the right of transfer, but the proceeds shall be reasonable Assigned to all co-developers." This distinction is not a feature of China's intellectual property legislation. In the United States, the U.S. Copyright Law stipulates that each author of a collaborative work is a co-owner of the copyright and can use the work alone or license others to use it without having to Obtain the consent of the other co-owners, but the proceeds should be divided jointly.
Therefore, when determining the rules for the joint exercise of patent rights, attention should be paid to:
1 .The rules for exercising rights when patent rights are shared should be different from the rules for exercising shared property rights.
2. For copyrights and patents, which are both intellectual property rights, there is no essential difference in the rights exercise rules when the rights are shared. Considering the coordination of legislation, they should be consistent.
3. The purpose of the patent law to encourage the promotion and application of patented technology must be fully reflected in the rights exercise rules, and at the same time, the interests of the co-owners must not be harmed.
Relevant lawsIt is stipulated that patent rights, as intangible property rights, have characteristics different from property ownership. When the rights are shared, special rights exercise rules should be followed. If you have any other questions, please feel free to consult the Online Legal Savior Network.
