Study On The Litigation Subject Qualification Of Intellectual Property Licensees

The licensing trade in the trade relation of intellectual property is the core content of technology trade,which is mainly realized through licensing contracts.The licensing contract is the basis to determine the relationship between the rights and obligations of the licensor and the licensee,and the basis to provide the licensee with rights protection.The infringement of intellectual property rights not only infringes the existing rights of the licensor or the right holder,but also threatens and infringes the rights of the licensee.Once the legal rights and interests of the licensee are violated,can the licensee file a lawsuit to the court for protection?If so,what is the basis of the licensee's right of action?Due to the unsound legal system,the legal rights and interests of many licensees are not effectively protected.This article is trying to explore the knowledge property right to the licensee,analysis of the basic theories of litigation status by the licensee litigation subject qualification system of intellectual property rights in China,the problems existing in the investigation of typical countries,on the basis of related system,put forward the Suggestions of perfecting our country's relevant systems,in order to benefit the protection of the intellectual property rights and interests of the licensee.In addition to introduction and conclusion,the paper is mainly divided into the following four parts.The first part analyzes the legal basis of the legal subject qualification of the intellectual property licensee.The legal basis of the legal subject qualification of the licensee of intellectual property rights mainly has three representative views,that is,the theory of creditor's rights,the theory of quasi-property rights and the theory of usufructuary intellectual property rights.The author introduces the main contents of each theory in detail,and thinks that the theory of creditor's rights and the theory of quasi-real right have their own shortcomings,and that the theory of beneficial intellectual property is more reasonable.The second part summarizes the problems existing in the litigation subject qualification system of intellectual property licensees in China.By sorting out the relevant legal documents,it is found that the subject qualification system of intellectual property licensee litigation in China is not unified in legislation,the licensee of ordinary license has "right without remedy",the relationship between the right of action of the licensor and the right of action of the licensee is not clear,and the subject qualification of the licensee in litigation is lack of regional restrictions.In order to make the rights and interests of the intellectual property licensee can get effective judicial relief,these problems remain to be solved.The third part of typical overseas countries intellectual property rights licensee litigation subject qualification system investigation.This paper focuses on the relevant systems of Britain,the United States,Japan,France and Germany.There is a relevant system in the two major legal systems that worthy of our country's reference: The application of subrogation system in the lawsuit of intellectual property infringement,which not only takes care of the litigation interests of the intellectual property owner,but also gives the licensee the qualification of litigation subject when the intellectual property owner is idle in exercising rights.The fourth part puts forward some Suggestions to improve the subject qualification system of intellectual property licensee litigation in China.First,analogize the system of subrogation to establish the system of subrogation for intellectual property infringement;Secondly,the relationship between the licensor and the licensee should be clarified to provide guidance for both parties.Thirdly,it is necessary to perfect the regional limitation on the subject qualification of the licensee.Fourth,achieve unity in legislation.Based on the jurisprudence of usufruct intellectual property rights,licensees of all kinds are granted the qualification of litigant subject.Second,before the intellectual property is compiled into the civil code,the relevant judicial interpretation of the separate law should be improved to achieve unification.