Research On Profit Right Of Intellectual Property Rights

Technology and cultural creativity has made considerable progress in China in recentyears. The national innovation ability has continuously enhanced and the development ofknowledge has become more and more important in the development of economy andsociety. How to adjust the relationships of interest in the progress of operating and how toprompt innovation and impulse development of economy and society have become thefocus of Chinese government and society. The profit right is a crucial right of intellectualproperty right, and its setting and distribution has direct relationship with the subjects’innovative ability in the intellectual property industry. Consequently, dealing with therelation among government, companies and innovators, and balancing the interests of allparties are important issues to be solved in the process of implementation of intellectualproperty rights.Intellectual property right is a kind of property rights and it have four function andpower, including right of control, right of use, right of dispose and profit right. The profitright plays an important role in protecting the profit of the owner of intellectual propertyrights. For the sake of protecting the profit right, laws and regulations have set up a lot ofprovision about exclusive right, assignment, licensing and right of tort litigation. With thedevelopment of China′s market economy, the relationship of our social and economic lifeis changing from stable to dynamic. The fulfilling of the value of intellectual propertyrights has changed from the owner’s direct control to the transformation. It is important toprotect the profit right of intellectual property right in this process. Therefore, the researchon profit right system of intellectual property rights has important theoretical and practicalvalue.This thesis has used the method of conceptual analysis, literature analysis andcomparative analysis. Firstly, by analyzing the theoretical foundation of profit rights, itsummarizes the concept and characters of the right. Secondly, by analyzing the status andproblem of subject, distribution and relief of the profit right, the thesis has discussed the need of the profit right for intellectual property rights. Through comparative analysis ofextraterritorial legislation and practice, this paper puts forward concrete solutions tooptimize legislative model to prompt the specific implementation, in order to improve theprofit right system of the intellectual property rights.