Developed Countries Legal System Of Intellectual Property Rights Trust To Compare And Draw Lessons From Research In China

Change the way of economic growth, the arrival of knowledge economy, countries beganto pay attention to science and technology competition, put forward the "infinite creativity ofintellectual property rights is the core of the competition of science and technology" slogan,the science and technology of advanced power into realistic productivity is the key to thenational science and technology work. The sharp increase in intellectual property grant, themarket is growing on the demand of intellectual property rights, supply and demandimbalance in this form urgently needs to find a breakthrough for conversion of intellectualproperty rights, intellectual property rights trust in this situation arises at the historic moment.The system of intellectual property trust, on the one hand can realize the value of theintellectual property system itself, as a service to the society, on the other hand also helps tosolve existing in the transformation of intellectual property rights in China, the difficulty oftransformation channel, so as to realize a win-win situation, already developed the intellectualproperty rights, created the economic value and use of intellectual property rights.This article through the analysis of the concept, classification and characteristics of trustsystem, puts forward the concept of legal system of intellectual property trust, classificationand legal relationship, and the advantage of intellectual property trust, through the analysis ofthe developed countries such as America, Japan, the European Union’s legal system ofintellectual property rights trust status and compare the legislation of intellectual propertyrights trust system, registration system and supervision system, analyzes the present situationof the trust legal system of intellectual property rights in China and existing problems, and bycomparing the legal system of intellectual property rights developed country for reference,according to the shortcomings of the trust legal system of intellectual property rights in China,from the perfect laws and regulations system, registration system, risk prevention mechanism,and rights belonging, the respect such as trust targeted Suggestions, to perfect our legalsystem of intellectual property trust, to promote the better development of the legal system ofintellectual property rights in China.At the same time, this article on the analysis of the legal system of intellectual propertyrights trust in the developed countries on the basis of the status quo, combined with "wuhanpatent trust" and "China’s first brand trust case" case analysis the trust legal system ofintellectual property rights in China such as empirical analysis, concrete analysis the problemsin the practice of intellectual property rights trust in our country, through the comparison andanalysis the present status of legislation present situation, the registration status, risk prevention, to perfect our legal system of intellectual property rights trust. This paperdiscusses from the following six aspects:The first part is introduction, mainly is the source of this topic, purpose, significance andresearch method and train of thought to do a show of architecture in this paper, from themacro structure.The second part is an overview of the intellectual property rights trust system, this part ofthe trust system first do a simple introduction, and then leads to the intellectual property rightstrust system, from the origin and development of intellectual property rights trust system andthe necessity of intellectual property rights trust to do more comprehensive description ofintellectual property rights trust system.The third part is to analyze the current situation of the legal system of intellectualproperty rights trust in developed countries, through the analysis of the United States patentinvestment trust, intellectual property securitization, Japan’s legal system of intellectualproperty rights trust evolution and business conditions, the eu’s intellectual property rightstrust to below the intellectual property rights in the developed countries of the comparison ofthe trust legal system and improve the legal system of our country’s intellectual propertyrights trust to provide the reference.The fourth part is a relatively developed country intellectual property rights trust legalsystem, through the United States, Japan and Britain’s legislative system, registration system,supervision system to analyze its regulator and its laws on different rules of the establishmentof intellectual property rights trust.The fifth part is through some case raises our country intellectual property rights trust inthe legal system, registration system, risk system, the present situation of the rights belonging,the respect such as trust, analyzes its existing problems, this part is targeted to our countryintellectual property rights trust problems listed, lay the foundation for the back of the perfectproposal.The sixth part is based on the present situation and problems of China’s legal system ofintellectual property trust, in view of the question, for the advanced experience of developedcountry for reference, perfect Suggestions one by one, this is also in this paper, theexperiences of the trust legal system of intellectual property rights in China.