Research Of Intellectual Property Licensing Problems

With the advent of the era of knowledge economy, intellectual property rights is extremely important to China's economic development, who owns the intellectual property will grasp the opportunities of economic development. Broadly speaking, intellectual property including patents, trademarks and copyright and their respective neighboring rights, permission is the main form, and the main way of economic benefits. Permission is all rights set, retain ownership, pull away out of one of them or many property rights guaranteed to others. Intellectual property licensing can translate Intangible assets into tangible assets, encourage innovation, stimulate the intellectual development of people for more scientific research and technological investment. Due to the licensee may doesn't have the maximum utilization of intellectual property rights, and the ability of permission can make their own benefit maximization, realizing the maximization of social benefits. The licensee may be have capital, market, human resources and other economic resources, but lack of intellectual independence, both by way of licensing to achieve a win-win.In our country, intellectual property license system has been established and improved step by step. Following the knowledge economy era, economic interaction between China the other countries more and more frequently. In our country the study of intellectual property protection spent more time and money, China's intellectual property protection system has become more high-profile formation. There appears a lot of cases, we heavy loss. The disconnection between theory and practice, the rate of intellectual property is low, the application to the practice only a small proportion, even if applied to practice, and the existence of a variety of reasons, the implementation of the effect is not satisfactory. Under the high standard the protection of intellectual property rights, our country has no enough understanding, and did not take effective measures, not only the domestic enterprise, even foreign enterprise in China has abused its intellectual property. Using the intellectual property strategy, put energy, power, chemical, biological, which involve the lifelines of the core areas of national intellectual property more and more into the bag, China's economic security faced a serious threat.China is still a developing country, we must reduce economic gap with developed countries, taking part in the world competition. By relying on the weapons to win the world. Development of independent intellectual property rights is our surest path to the future, competition is the intellectual property rights of the competition. Who holds the intellectual property rights will come to win the world. Our country mainly depend on the introduction of foreign technology now, the rate of high technology industries is not high, the introduction is not free. Intellectual property licensing is the main form of introduction of foreign technology.This paper on intellectual property licensing problems were systematically discussed, the first chapter described of a general theory of intellectual property licensing issues, what is intellectual property license, intellectual property licensing and transfer relationship, intellectual property license features and intellectual property license balance of interests in the protection of the legal mechanism, and based on different classification standard,it can be divided into several different types of intellectual property rights, because the intellectual property license without specific contract, we make it clear, mainly to pave the way for the discussion below.The second chapter is the refusal to license intellectual property licensing issues, mainly about abuse in the refusal of permission, and for abuse of the refusal of permission behavior of regulation, intellectual property is monopoly of rights, holders have the right to refuse to license, this paper focuses on analysis of manifestation of the refusal of permission of intellectual property, refused to license in which case th will be subject to legal regulation, regulation conditions of different countries refuse to license, and how China is provided and what issues it should be noted that in the future legislation.The third chapter is the issue of intellectual property licensing feedback, feedback is a licensee of intellectual property license agreement the licensee the right to use technology to improve the licensing agreement. In this paper, we talk about the definition anf the role of feedback, and identify how the licensing process licensors constitute the feedback, the law on the protection of non-exclusive feedback, legal regulation is exclusive to the feedback and unilateral grant-backs. Generalization of the EU, United States, and Japan and China's legal provisions on feedback, and proposed the feedback of the different intellectual property department of Law.The fourth chapter is intellectual property licensing to limit competition, the permission of the restrictions are mainly the competition act of unfair competition law. Reviewed individually related to intellectual property licensing of geographic restrictions on the price, and the use of the field, and the domestic and international laws for these limitations of the competition act.