Can intellectual property be inherited?

Intellectual property rights can be inherited as heritage, but there are restrictions. Intellectual property rights can be divided into personal rights and property rights. Personal rights cannot be inherited, and property rights such as copyright, trademark right and patent right can be inherited within the legal protection period. Where the owner of intellectual property is a unit or a legal person, it may not inherit it.

legal ground

Article 122 of the Civil Code of People's Republic of China (PRC) * * * Legacy is the personal legal property left by a natural person when he dies. An inheritance that cannot be inherited according to the law or the nature of the inheritance shall not be inherited. Copyright Law Article 21 If the copyright belongs to a natural person, after the death of the natural person, the rights specified in Items 5 to 17 of Paragraph 1 of Article 10 of this Law shall be transferred according to law within the protection period specified in this Law. If the copyright belongs to a legal person or an organization without legal personality, after the change or termination of the legal person or organization without legal personality, the rights specified in Items (5) to (17) of the first paragraph of Article 10 of this Law shall be enjoyed by the legal person or organization without legal personality who undertakes its rights and obligations within the protection period specified in this Law; If there is no legal person or unincorporated organization that undertakes its rights and obligations, it shall be enjoyed by the state.