The Research Of Intellectual Property Trust System

Along with the coming of knowledge-based economy, intellectual property, as a kind of intangible assets, is more and more important in the capital market. However, the present situation of intellectual property transform difficultly and the low rates of industrialization has become the bottleneck of high-tech industry development, which has the direct impact on the sustained and rapid development of our economy. In this helpless circumstance,we need to find a new way which encourage innovation and promote intellectual property industrialization. In this situation, intellectual property trust was arises at the historic moment.The utilization of trust system into intellectual property field, the setting up of intellectual property trust, using professional trust the intermediary service resources, can effectively solve the difficult in the intellectual property transaction process, such as the information asymmetry, staggering capital costs and so on, which provides an ideal and excellent platform intellectual property transformation. According this, this paper mainly discusses the combination of trust and intellectual property is necessary and feasible, elaborates the basic contents of the legal system of intellectual property trust, analyses the intellectual property trust practice and gives some suggestions to construct our country's intellectual property trust.This paper is divides into five parts:The first part simply introduces the background, significance of the trust system, summarizes the lastest research results at home and abroad and combs the method of the paper.The second part mainly expounds the general theory of intellectual property trust, analyses the necessity and feasibility of combining the intellectual property and the trust. In the analysis, it is pointed that the intellectual property has no time, energy, and what's more, doesn't have experience to promote its knowledge products. Then,trust system, as a professional property management system,meets the need of intellectual property's transaction and transformation. The third part discusses the intellectual property trust operation system,which is the core of the article.In this part, the establishment and effective of intellectual property trust is firstly introduced, and then, we discussed the relationship between rights and obligations of the three parties in trust legal relationship.Finally, this part demonstrated the termination of IPR trust and its legal effect.The fourth part make an investigation of the patent trust practices in both Japan and China.Through the comparison, it points out that the lack of legal basis is the largest shortage in the patent trust practice in wuhan.The fifth part analyses problems existing in the practice of the intellectual property trust, and then, puts forward the corresponding perfect measures:clear property ownership, transfer of intellectual property rights, cultivating the specialized intellectual property trust agencies, introduce the insurance mechanism,establishing the intellectual property trust registration system.