Extended content:
Establishment of industrial intellectual property alliance
(A) the conditions for establishing an industrial intellectual property alliance
1. The industrial field to which it belongs should generally be an intellectual property-intensive or dependent industry, which is in its infancy or development period and has the industrial conditions to form and carry out industrial intellectual property alliances.
2. The sponsoring member units of each alliance have the same interests, and have the internal motivation and strong will to form an industrial intellectual property alliance; With the accumulation of patents and other intellectual property rights in the industrial field, intellectual property rights can be concentrated or complementary; Have a certain economic strength, good business reputation and integrity.
3. Having articles of association or cooperation agreements, and having the necessary resources and investment to establish alliances.
4. According to the relevant laws and regulations of our country, the conditions for establishing industrial intellectual property alliances with different organizational forms should be met or met.
(2) Organizational form of industrial intellectual property alliance
The organizational forms of industrial intellectual property alliance mainly include enterprise legal person type, social group type and cooperative organization type.
Enterprise legal person type refers to all members of the industrial intellectual property alliance, and realizes the management and operation of the industrial intellectual property alliance through the newly established enterprise legal person model. Usually, the newly established enterprise legal person is a limited liability company or a joint stock limited company, and every member of the alliance is corporate shareholders.
The social group type refers to all members of the industrial intellectual property alliance, who realize the management and operation of the industrial intellectual property alliance through newly established social groups. Usually, the members of the alliance are the initiators and members of social groups.
Cooperative organization means that all members of the industrial intellectual property alliance form cooperative organizations based on a series of cooperation agreements, so as to realize the management and operation of the industrial intellectual property alliance. Under normal circumstances, the alliance does not have legal person status, and each member unit carries out strategic cooperation on the basis of maintaining its legal person status.
Industrial intellectual property alliance takes the form of enterprise legal person, social organization and cooperative organization. , its establishment and establishment should comply with the relevant laws, regulations and policies of our country.
(3) Procedures for establishing industrial intellectual property alliance
If an industrial intellectual property alliance takes the form of an enterprise legal person or a social organization, it shall be established and registered in accordance with the procedures prescribed by relevant laws and regulations of China.
Industrial intellectual property alliance adopts cooperative organization, and the general procedures include:
1. Stand by. The initiating member units of the alliance put forward the intention or offer to form the alliance; Convene a preparatory meeting for the alliance, and after full communication and consultation, a working group can be set up to formulate the establishment plan and scheme; The preparatory working group shall formulate the draft articles of association or cooperation agreement, and draft relevant work and management system; Prepare for the formation of an alliance working body.
2. setup. Convene the first representative meeting of the members of the alliance, vote to adopt the articles of association of the alliance and the decision to establish the alliance, determine the name of the alliance, determine the organizational form of the alliance, and set up the working body of the alliance.
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