1. Intellectual property is an intangible property right, which refers to the fruits of intellectual creative labor and the rights enjoyed by intellectual workers according to law.
Second, the characteristics of intellectual property rights
The characteristics of intellectual property rights can be summarized as follows:
1. Intangible property rights.
2. Confirmation or award must be directly stipulated by special national legislation.
3. Duality: it not only has the nature of some personal rights (such as the right to sign), but also contains the content of property rights. But the trademark right is an exception, it only protects property rights, not personal rights.
4. Appropriateness: Intellectual property is the exclusive right of the right subject. Zhaofa. Com reminds you that no one except the obligee may enjoy or use this right without the consent of the obligee or special provisions of the law.
5. Regionality: Intellectual property rights recognized and protected by a country's laws have legal effect only within the country.
6. Timeliness: the law stipulates a certain period of protection for intellectual property rights, and intellectual property rights are valid within the statutory period.
Third, the way of intellectual property transfer.
Patent transfer in China usually takes the following three forms:
1. Overall patent transfer, implementation of exclusive license, so-called patent ownership transfer, 10 years of independent property rights. If the patentee (inventor) transfers the whole patent to an enterprise, the inventor (patentee) only has the right of invention after the two parties sign the transfer contract.
2. The exclusive license for patent exploitation means that the enterprise buys out the patent, and only the patentee and domestic enterprises can use the technology, and the patent cannot be transferred to a third party again.
3. The general license for patent exploitation means that the patentee authorizes an enterprise or individual to produce the patent, or may authorize multiple enterprises or individuals to produce the patent.
Legal basis:
Article 10 of the Patent Law of People's Republic of China (PRC): The patent application right and patent right can be transferred. Where a unit or individual in China transfers the right to apply for a patent or the patent right to a foreigner, foreign enterprise or other foreign organization, it shall go through the formalities in accordance with the provisions of relevant laws and administrative regulations. Where the right to apply for a patent or the patent right is transferred, the parties concerned shall conclude a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of the right to apply for a patent or the patent right shall take effect from the date of registration.