专利权权属纠纷中的股东代位诉讼——以康宁公司与泓鎏公司专利权权属纠纷案为例

Shareholders' Action of Subrogation in the Ownership Dispute of Company Patent Rights

股东代位诉讼是保护中小股东利益的重要救济手段。在我国2005年《公司法》规定了股东代位诉讼之后,由小股东代位主张专利权权属纠纷的案件并不多见。本案确认了小股东有权对专利权权属纠纷代位起诉的原则,对处理专利权权属纠纷中的股东代位诉讼具有重要的参考价值。

Shareholders＇ action of subrogation is an important means of relief to protect the interests of minority shareholders. Since shareholders＇ right of subrogation was provided in the Company Law of 2005, there have been few cases of Ownership Dispute of Patent Rights. This case confirms the principle that minority shareholders have the right to advocate subrogation aclion of patent ownership disputes and has important reference value for shareholder＇s Action of Subrogation in the Ownership Dispute of Patent Rights.