Abstract:
Absolute rights' obligors are uncertain people. Relative rights' obligors are specific people. Abstract Rights to licensed use of intellectual property are relative rights and only can be infringed by the licensors. There is no possibility that a third people infringe the licensee's rights. Some people think that a third people may infringe the rights to licensed use of intellectual property, because the Chinese judicial interpretation prescribes that the licensee has the litigious right against third people. They hold that it's the result of "expansion of creditor's rights", "absolute right tendency of creditor's right", "non-invasive nature of creditor's rights", and "breakthrough of relative nature". All of them misconceive the judicial interpretation. How to justify the argument in theory? This paper analyses the nature of the rights to licensed use of intellectual property and points out the substance of licensee's litigious rights according to the judicial interpretation.