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Research on the China's Patent Open Licensing System in the Era of the Fourth Industrial Revolution

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2021, (35), pp.129-157
  • DOI : 10.31839/ibt.2021.10.35.129
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : September 9, 2021
  • Accepted : October 20, 2021
  • Published : October 31, 2021

HWANG SEONYEONG 1,  Xu Chun Mei 2

1동아대학교
2中国贵州大学

Accredited

ABSTRACT

The era of the Fourth Industrial Revolution，although patent and license transactions are increasing day by day in China, the actual patent execution rate is not high. China introduced a patent open licensing system to promote patent management and reduce transaction costs for patent holders. From the perspective of the licensed person, the demand and supply of patents increase as the disclosed patents can be used reasonably and conveniently without paying for licenses, and as the entire patent transaction process is simplified, it has the advantage of reducing transaction costs, raising patent conversion rates, and improving productivity by promoting patent management. From the perspective of companies, technology can be improved at low cost, and as it acts as an important opportunity to strengthen core competitiveness, it is predicted that it will contribute greatly to promoting the exchange of information on science and technology in China and improving the level of science. China's patent open licensing system was designed according to market mechanisms but there are still shortcomings in the scope of licensing entities attracting patent holders dispute resolution mechanisms and intelligent services. Therefore it is necessary to prepare countermeasures for providing incentives to attract patent holders establishing a platform specializing in patent opening expanding intelligent services and granting administrative adjudication authority over patent disputes so that the patent open licensing system can be well established in China.

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This paper was written with support from the National Research Foundation of Korea.
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