From the perspective of registration, the examination and approval of intellectual property investment generally focuses on four aspects, that is, the intellectual property used for investment should have the characteristics of certainty, existence, evaluation and transferability. Therefore, when the applicant makes a capital contribution with intellectual property rights, it is necessary to determine whether the intellectual property rights used for capital contribution meet the requirements of certainty, existence, evaluability and transferability. Article 27 of the Company Law stipulates that shareholders may make capital contributions in cash, or in kind, intellectual property rights, land use rights and other non-monetary property that can be valued in money and transferred according to law. However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations. Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.
Legal objectivity:
The first thing to be solved here is what types of rights intellectual property contains and how to define the scope of protected intellectual achievements. The second is the basis for determining the scope of protection. Intellectual property rights in a broad sense, in terms of right types, include intellectual property rights such as copyright, patent right and trademark right; From the perspective of protected objects, it is knowledge products and information products such as works, inventions, trademarks, undisclosed information, new plant varieties and integrated circuits. In a narrow sense, intellectual property rights refer to traditional intellectual property rights consisting of copyright (including neighboring rights), patent rights and trademark rights, and the objects involved are works, inventions and trademarks. The definition of intellectual property in a broad sense is usually based on international conventions, one is the convention of the World Intellectual Property Organization, and the other is the WTO intellectual property agreement. At present, we should pay special attention to the agreement on intellectual property rights of WTO, which is completely consistent with the intellectual property rights protected by the agreement. Finally, according to the WTO intellectual property agreement, the broad scope of intellectual property rights is explained: intellectual property rights, copyright, industrial property rights, creative achievements rights, copyright, neighboring rights (related rights) patents, industrial product design rights, integrated circuit layout design rights, trade secrets rights, identification marks rights, trademark rights and geographical indications rights.