On The Litigation Status Of The Patent Licensee

In the existing legal system,there is no clear provision about the litigation status of the patent licensee.The exclusive licensees are given the independent right of action,so that they can take tort action independently.The litigation status of sole licensees is significantly attached to the patentees.There is no clear provision about the litigation status of the ordinary licensees.This can give rise to the awkward position of the patent licensees in litigation status,and will trap them in difficulties to safeguard their legal rights.In the theoretical system of traditional unary intellectual property right,there are many different interpretations on the nature of the right to exploit a patent that the patent licensees obtain from the licensing contract.But none of the creditor's rights theory,real rights theory and right of action contract theory can solve the problems concerning the nature of the right of the patent licensees fundamentally.However,in the theoretical system of binary intellectual property right,intellectual property rights are classified scientifically and rationally,so that the right to exploit a patent that the patent licensees obtain from the licensing contract is endowed with the attribute of “usufructuary intellectual property right”.Referring to the basic principles of the beneparty theory of civil procedural law,when the infringement acts occur,exclusive licensees,sole licensees and ordinary licensees can independently take action as an independent plaintiff based on the right of action in substantive law as long as the registration requirements are met.In the case of the patentees taking action,they can still participate in the litigation as a common co-plaintiff,thus to realize the seamless connection of the substantive law and the procedural law.For those patent licensees who fail to meet the registration requirements,their right of action can be guaranteed by establishing licensees' intervention system.Finally,the full protection of the legitimate rights and interests of the patent licensees also include improving the exercise of licensees' rights,the calculation method of the compensation for damages,and stipulations for geographical restrictions.