Journal of Dali University

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The Legal Application of Patent Transfer Dispute under the Background of Collaborative Innovation:#br# On the Basis of an Economic Analysis

Liu Qiang, Ma Huanjun   

  1. School of Law, Central South University, Changsha 410083, China
  • Received:2017-11-30 Online:2018-03-15 Published:2018-03-15

Abstract: Collaborative innovation is closely interacting with the patent transfer system. On the one hand, patent transfer can
promote the realization of the value of the collaborative innovation. On the other hand, collaborative innovation can facilitate the
establishment of legal rules for patent transfer disputes. In the collaborative innovation, there are problems concerning the execution
and termination of contracts in patent transfer such as repeated sell of a single patent right, unauthorized disposition of patents, quality
issues of products, and remedy for contract termination, etc. For legal rights and obligations of the parties involved in the collaborative
innovation patent transfer, contracts should be compensable, and transferors should have the obligations to register, to provide technical
guide and to warrant against defects of the patent, so as to save costs in the transaction, avoid opportunism and maintain the
collaborative innovational partnership between the parties.