Study On Trust Legal System Of Intellectual Property In China

Intellectual property was strategic resource for the development of countries and an important element in comparison of international competitiveness as well as an important power in construction of an innovative country and a key element in grasping the initiative of development. Our country has attached more and more importance to the intellectual property in recent years, and the amount of the application and licensing of intellectual property has increased by a large margin. However, the transformation of intellectual property, especially, the transformation of patents, was difficult. According to statistics, the transformation rate of patents in our country was just lower than one percent, which restricted the development of many small and medium enterprises to a great extent and became a big obstacle in our intellectual property strategy. In such a position, we may solve this problem with intellectual property trust, thereby getting out of trouble in implementation and exploitation. Intellectual property trust is an effective property management manner of transforming intellectual property to professional trust institutions with professional financial management capability for operation and management so as to separate the subject of the right from the subject of the interest, in the form of the right owner obtaining the proceeds from the intellectual property while the trust institutions gaining corresponding rewards. The intellectual property trust can effectively provide transformation funds and social resources and can give help in transformation technology, so it is a subsequent guarantee to intellectual property owners and has great significance to our country.Using analysis and comparison methods, analyzes the concept of intellectual property trust both in theory and in practice based on the instruction of the concept of the intellectual property trust, and then introduces the origin and development of the trust law system with analysis and comparison methods, leading to the general development of international and domestic intellectual property trust system, subsequently, this paper introduces in theory in two chapters the four aspects of intellectual property trust, i.e., subject, object, content and register system, and then analyzes the current situation of the intellectual property trust in our country and the existing problems, such as lack of professional intellectual property trust institutions, the incomplete transformation of object of intellectual property and lack of intellectual property trust risk system prevention, from said four aspects in combination with the practical cases about intellectual property in our country such as Wuhan patent trust case. Finally, this paper provides suggestions on cultivation of professional intellectual property trust institutions, complete transformation of intellectual property, implementation of tax preferential policy for intellectual property and so on, to facilitate further improvement on intellectual property trust law system.