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학술저널

Ownership in Intellectual Property and Technology Licensing Regarding University -Enterprise Cooperation in China

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Chinese Legal System is a kind of continental legal system, which means things relating to rights protection and duties performance shall be provided by the law. In China, there are more than 10,000 laws, regulations and judicial interpretations, which are implemented everyday by the administrative agencies, the courts, the police and other judicial organs. Laws are made by the legislature- the people's congress of China, while regulations are made by the central government, the central departments, the local governments and their administration agencies. Interpretations are made by the Supreme Court, the Supreme Procuratorate,16) the Ministry of Public Security and so on. In China, the legislation system is very complicated, it's much more complicated than the law system itself. This paper made an introduction of the university-enterprise cooperation in China, the legal provisions on Intellectual Property ownership and benefit concerning technology licensing regarding university-enterprise cooperation. It also pointed out a balance on economic interests between the parties engaged in the cooperation is needed.

Ⅰ. Cooperation Patterns and the Main Parties in the University-Enterprise Cooperation

Ⅱ. Legal Provisions on the Ownership in Intellectual Property

Ⅲ. Provisions on intellectual property licensing

Ⅳ. Categories of the nature of License

Ⅴ. Technical Service in Technology Licensing

Ⅵ. A Benefit Balance on the Ownership of Intellectual Property and Technology Licensing

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