Research On Rules Of Exercising Right Of The Joint Ownership Of Intellectual Property Right

Joint ownership of Intellectual property rights refers to the sharing of rights between two or more civil subjects jointly owner the same Intellectual Property in accordance with the law or the contract under the law.Joint ownership of intellectual property rights can be produced based on two or more civil subjects co-authored works, the same trademark to apply for a common joint research and development of technical solutions after the common patent, through transfer, bequest, inheritance and inheritance of the same intellectual property rights sharing the same intellectual property?Due to the non-physical nature of intellectual property rights and public interests and other characteristics, the common rights of the rules of the exercise is difficult to use directly. Based on the multi-subjectivity of intellectual property rights,the unity of rights and other characteristics, and combined with the inherent characteristics of intellectual property itself, the common principles of intellectual property rights should follow the principles of: agreed priority, agreed to limit,statutory supplement and to prevent rights Conflict and other four principles. In our current legislation on intellectual property rights, the provisions of the rules on the exercise of common intellectual property rights is not consistent with the principle of the exercise of common intellectual property rights to determine the principle of the common intellectual property rights that should be based on the principle of determining the common intellectual property rights. Due to patent, trademark and copyright rights intellectual property common. China should be the three kinds of rules of exercising right of intellectual property are adjusted to: agreed to priority, but the total trademark rights of the implementation of the agreement, shall not lead to consumer confusion; There is no agreement or agreement is unknown, the total has the right to exercise their rights and the general permission of others to exercise their rights, the general permission of others to exercise their rights should be distributed with other co-owners, distribution in accordance with the total share of intellectual property rights to allocate, Can not determine the share of the share, the average distribution. Joint ownership of intellectual property transfer, exclusive license and exclusive license need to be agreed by consensus, consultation can not be decided in accordance with the share of the vote, there is no share of the agreement, and can not be agreed to conduct the total of the transfer of shared intellectual property rights of the exclusive license and exclusive license of intellectual property rights; People transfer the common ownership share, the other co-owners shall have priority under the same conditions.If co-owners want to give up their rights on the joint ownership of intellectual property , the right share that they gave up can be shared by other co-owners by their share on this joint ownership of intellectual property,if share is not be appointed,other co-owners can share equally.When joint ownership of intellectual property rights is infringed,each co-owners can file a lawsuit.About the compensation,the surplus can be allocated after deduct the cost of the lawsuit distribution in accordance with the total share of intellectual property rights to allocate, Can not determine the share of the share, the average distribution.Every co-owner can abandon his right of investigating for legal reshponsibility,but when anyone of the co-owners abandon this right,the one can't participate in the distribution of the compensation.To this end,China's "Patent Law”,"Trademark Law" and "Copyright Law" have been adjusted accordingly.