1. How to transfer intellectual property rights?
(1) Transfer by competitive bidding;
The so-called bidding transfer is a process in which more than one willing transferee is generated through public solicitation, and the transferee is selected through competitive transactions and differences in price or transferee conditions.
The selection of bidding methods can be flexibly used according to different targets. Domestic property rights trading institutions have gradually explored a set of effective bidding methods in the process of selling enterprises, mainly including evaluation method, one-time quotation method, limited quotation method, unlimited quotation method or electronic quotation method. These methods not only adapt to the characteristics and requirements of property rights transactions, but also give full play to the price discovery function of the market and choose the ultimate transferee of enterprise restructuring.
(2) Transfer by agreement;
The so-called transfer by agreement is the process of producing a willing transferee when the property right is transferred, and reaching a transaction by agreement.
(three) other ways as prescribed by national laws and regulations.
Patent transfer requires the permission of the patent office to take effect. As long as you find a suitable heir, go to the patent office to register the announcement. Otherwise, the owner of the patent will not change. If you only license the other party to use the patent. Only the two parties need to sign a patent licensing contract privately. If you are not familiar with the whole transfer process, you can also seek the help of the platform, and the other party will help us complete the transfer.
Second, the main forms of intellectual property transactions.
(1) Auction-style intellectual property transactions
Auction is not only an ancient form of buying and selling, but also an important way of trading modern goods, services and assets. The main auction methods that can be used as intellectual property transactions are: English auction, dutch auction, sealed auction, reserved auction, unreserved auction, directional auction, philatelist auction (also called Vickery auction), online auction, etc. The auction process seems to be standardized, but in fact it is a dynamic game process between transaction subjects, and the results are random.
(B) Competitive intellectual property transactions
Bidding is divided into two forms: open bidding and invitation bidding. Its basic flow is that the tendering and trading institutions organize bidding activities according to the entrustment of the transferor and the requirements of relevant laws and regulations. The trading institution and the transferor * * * jointly formulate the tender documents and publish the tender announcement containing the information of the intellectual property rights to be transferred. During the period of bidding for specific intellectual property rights, after the qualified bidders sign up and submit their bids, they will organize a bidding meeting and open the bids in accordance with the provisions and procedures of laws and regulations. The bid evaluation expert group hired by the trading institution will judge the winning bidder, and then deliver the intellectual property rights and consideration according to the agreed conditions.
(3) Agreement on intellectual property transactions
In fact, any intellectual property transaction needs to be negotiated, but the negotiated intellectual property transaction refers to the specific way of transferring intellectual property through transaction, that is, after the expiration of the public listing of the information transferred by the transaction intermediary, the transferor and the intended transferee who meet the transferee conditions conduct careful investigation, negotiation, comparison and selection to determine the transferee's transaction form. This method is more popular when the value of intellectual property is difficult to be clear or the transferor needs to track the service.
(4) Custody of intellectual property transactions
Participants in intellectual property transactions provide credit intermediaries through independent custodians, and one party (in the case of intellectual property traders of both parties, such as multi-party transactions) first deposits the funds in the custodian and temporarily freezes them. After the other party provides the intellectual property rights agreed by both parties or meets other matters agreed by both parties, the custodian institution assists in completing the delivery of funds and collects necessary commissions according to the rules agreed in the agreement.
(5) Mergers and acquisitions absorb intellectual property transactions.
After the asset owner of the acquired organization evaluates its intellectual property rights, it will be included in the assets of the acquirer or absorber, or become its shareholder and participate in the business activities of the acquirer or absorber; Or directly sell intellectual property rights to the acquirer or absorber to obtain cash.
(six) to carry out the transaction of creditor's rights, knowledge and property rights
At present, due to the fully developed market economy conditions, the economic value of intellectual property rights plays an obvious role. Therefore, on the basis of proper valuation, asset owners can use their intellectual property rights to repay debts. At this time, intellectual property rights have played the role of general debt-paying assets.
(7) intellectual property contract transactions
This is one of the mainstream forms of intellectual property transactions, which are often carried out independently in accordance with the contract requirements stipulated by contract management laws and regulations, rather than trading. The contents of the contract mainly include the transferor and transferee of the transaction, the subject matter of intellectual property rights, the transaction price, the payment method and time limit, the related matters of intellectual property rights delivery and the liability for breach of contract. Contracts are divided into intellectual property investment contracts, intellectual property licensing contracts, intellectual property transfer contracts, intellectual property pledge contracts, intellectual property guarantee financing contracts, intellectual property trust contracts, intellectual property securitization contracts, intellectual property cooperation joint venture contracts and other specific transaction contracts.
Three, intellectual property rights are the exclusive rights enjoyed by the obligee to the following objects according to law:
(1) works;
(2) Inventions, utility models and designs;
(3) Trademarks;
(4) Geographical indications;
(5) Business secrets;
(6) Layout design of integrated circuits;
(7) New plant varieties;
(8) Other objects prescribed by law.
Legal basis:
Copyright law of the people's Republic of China
Article 10 Copyright includes the following personal rights and property rights:
(a) the right to publish, that is, the right to decide whether the work is open;
(2) the right of signature, that is, the right to indicate the identity of the author and sign his name on the work;
(3) the right to modify, that is, the right to modify or authorize others to modify a work;
(four) the right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering.