A Comparative Study on the Effect of Registration for Trademark and Patent Licenses
| Autor: | Yu-Yu Liu, 劉宥妤 |
|---|---|
| Rok vydání: | 2018 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 Under our current law system, according to the Article 62 of Patent Act ” The licensing of a pledge on a patent right by the patentee shall have no locus standi against any third party unless it is recorded with the Specific Patent Agency” and the Article 39 of Trademark Act” A license shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office,” patent licensing and trademark licensing adopts registration antagonism. R.O.C. Civil Code pursues the principle of formalism, which means alteration of real rights cannot come into effect unless public notification(delivery or registration). However, patent licensing and trademark licensing adopts the system of registration antagonism which is founded on consensualism. According to consensualism, alteration of real rights needs only consensus of contract parties, and the form of public notification is not a constitutive requirement. In the mode of registration antagonism, if one person has obtained the ownership of some patent or trademark right without registration, then another person also takes the opportunity to grant this license with registration, finally the controversy about the ownership of the items between two people would appear. It turns out to be difficult to explain the circumstances of multiple licenses under the principle of formalism, and give rise to disputes regarding the legal effect of licensing registration antagonism. According to Article 177 of Japanese Civil Code, acquisitions of, losses of and changes in real rights concerning immovable properties may not be asserted against third parties, unless the same are registered pursuant to the applicable provisions of the Real Estate Registration Act and other laws regarding registration. In Japan, as typical countries adopting the consensualism and registration antagonism system, it should be understood that the ownership of a property has not just transferred once, so as to justify multiple transactions. Under the circumstances of multiple licenses, the right to use the license should coexist without registration. In light of the fact that the doctrine of registration antagonism has been widely discussed in Japan for years, this dissertation attempts to examine the development of the doctrine of registration antagonism in the academy, and to provide a patent(trademark) licensing registration mode to apply to the whole intellectual property system, as a reference of the academic discussion and its application in courts. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
| Externí odkaz: |
|