The Book on Contracts of the Civil Code does not recognize"intellectual property contracts"as nominate contracts.Owing to both substantive and structural shortcomings,the Chapter on Technology Contracts fall...The Book on Contracts of the Civil Code does not recognize"intellectual property contracts"as nominate contracts.Owing to both substantive and structural shortcomings,the Chapter on Technology Contracts falls short of providing comprehensive regulation of transactions involving intellectual property,and its Article 876 linking clause has given rise to legal controversies over application by reference and priority of application.There is therefore an urgent need to recognize intellectual property contracts as a nominate category.The rules on such contracts that are dispersed across standalone intellectual property statutes,specialized regulations,adjudicated cases,and judicial interpretations have already produced decodification and should be integrated in the course of enacting the Intellectual Property Code,so as to achieve the recodification of contracts concerning intellectual property.Specifically,the Chapter on Contracts should consist of two parts,General Provisions and Nominate Contracts,to articulate the common features and specific rules of the various contract types while confirming the applicability of the General Provisions in the Book on Contracts.In this way,systemic disorder from mechanically adding nominate contracts to the Civil Code and unnecessary complexity from creating a separate sectoral contract code can both be avoided,and the status of the Book on Contracts as the basic law in the field of contract can be preserved.展开更多
基金Fund Project:NationalSocial Science Fund of China(NSSFC)Key Project 18AFX021:Research on Intellectual Property Legislation Issues in the Post-Civil Code Era。
文摘The Book on Contracts of the Civil Code does not recognize"intellectual property contracts"as nominate contracts.Owing to both substantive and structural shortcomings,the Chapter on Technology Contracts falls short of providing comprehensive regulation of transactions involving intellectual property,and its Article 876 linking clause has given rise to legal controversies over application by reference and priority of application.There is therefore an urgent need to recognize intellectual property contracts as a nominate category.The rules on such contracts that are dispersed across standalone intellectual property statutes,specialized regulations,adjudicated cases,and judicial interpretations have already produced decodification and should be integrated in the course of enacting the Intellectual Property Code,so as to achieve the recodification of contracts concerning intellectual property.Specifically,the Chapter on Contracts should consist of two parts,General Provisions and Nominate Contracts,to articulate the common features and specific rules of the various contract types while confirming the applicability of the General Provisions in the Book on Contracts.In this way,systemic disorder from mechanically adding nominate contracts to the Civil Code and unnecessary complexity from creating a separate sectoral contract code can both be avoided,and the status of the Book on Contracts as the basic law in the field of contract can be preserved.
