First, how to change intellectual property rights.
1. Intellectual property change based on legal acts mainly includes intellectual property transfer, intellectual property license and intellectual property pledge, which is similar to the disposition of intellectual property by contract, which is also the most interesting part of the whole intellectual property change. The legislative choice of this intellectual property change mode is an important issue in academic research. The intellectual property changes caused by unilateral legal acts mainly include the abandonment of intellectual property rights and the intellectual property changes caused by wills. Abandoning intellectual property rights refers to the unilateral legal act of the obligee aimed at eliminating intellectual property rights. Where the patentee renounces the patent right in writing, the patent right shall be extinguished before the expiration of the time limit. Different from legal inheritance, the decedent can transfer his intellectual property to one or more testamentary heirs or legatees through his will.
2. Intellectual property rights changes that are not based on legal acts, and some legal facts of non-legal acts may also cause changes in intellectual property rights. Based on the legal nature of legal norms regulating such intellectual property changes, it can be divided into intellectual property changes caused by legal facts in private law and intellectual property changes caused by legal facts in public law.
Second, what is the change of intellectual property rights?
The change of intellectual property rights refers to the establishment, change and elimination of intellectual property rights. The establishment of intellectual property refers to the creation of a nonexistent intellectual property by the obligee, such as the creation of copyright through labor, the creation of intellectual property mortgage through mortgage, and the creation of usufructuary right intellectual property through license. The transfer of intellectual property rights refers to the transfer of existing intellectual property rights between obligees, such as the transfer, gift and inheritance of intellectual property rights. The change of intellectual property, also known as object change, refers to the partial change of the object of intellectual property under the condition that the subject of rights remains unchanged. The elimination of intellectual property rights means the loss of its effectiveness, that is, the termination of intellectual property rights.
Third, the relationship between intellectual property behavior and intellectual property changes.
Intellectual property behavior is designed for intellectual property change. According to the theory of intellectual property behavior, the change of intellectual property is based on the intellectual property behavior that exists independently of the creditor's rights contract. Intellectual property behavior is the main legal way for the parties to change their intellectual property rights. However, the legal way to change intellectual property rights is not limited to legal acts, but also includes various factual acts, such as creation.
To sum up, according to the relevant provisions of the law, the change of intellectual property rights is based on legal acts, and the change of intellectual property rights based on contractual acts mainly includes the transfer, license and pledge of intellectual property rights. The similarity lies in the disposal of intellectual property rights through contracts.