Research On The Intellectual Property Right Holder’s Right Of Action

Civil litigation is of great significance for the civil subject,for the licensing of intellectual property to both sides,with the increase of intellectual property infringement cases,the Licensee’s loss has increased may.In the legal system of intellectual property rights in our country,the intellectual property rights of the Licensee’s right to appeal has obvious dependence,resulting in the plight of intellectual property rights.The implementation of property right of intellectual property licensing of traditional intellectual property theory system in a variety of mode of interpretation,whether it is pure debt theory,the property right of the creditor’s rights theory or the theory of contractual right of action are cannot solve the right of the Licensor is from the root of the problem,its root cause lies in the location attribute of intellectual property license right deviation.In the "Binary theory of intellectual property rights,intellectual property right is reasonable given the implementation of" usufructuary right "attributes,whether it is an exclusive license,exclusive license or permit to become usufructuarious,can get the right of relative independence,so as to realize the seamless connection from the substantive law and procedure the protection of intellectual property law,the legitimate rights and interests of the licensee.