After the shareholding, the technology ownership will be owned by the company. Technology shareholding is an act of taking knowledge or intellectual property rights, technical know-how, equipment, factory buildings, etc. as capital contribution. Invest in a joint venture or joint venture with technical personnel as capital shares, thus obtaining the equity of the enterprise. Technology shares, like capital, have the right to own the shares of the enterprise in proportion and share dividends. The management right of an enterprise is generally not borne according to the proportion of shares, but determined by all parties through consultation.
The forms of patent technology shares, including patent ownership shares, patent licensing shares and patent application rights shares, are also regarded as patent technology shares with a fixed price. When buying shares with patented technology, we should also consider the contract terms such as the transfer of technical data and rights, technical training and guidance of patent shareholders, the ownership of subsequent improvement results, and the liability of each party for breach of contract.
The conditions that constitute patent infringement are:
1. Infringed object: that is, the infringed patented product or method must be protected by the patent law, and the implementation of expired, invalid or abandoned patents does not constitute infringement;
2. There are legal infringements: such as manufacturing, using, selling or promising to sell or import other people's patented products, or using other people's patented methods to use, sell or import products directly obtained by this method;
3. For the purpose of production and operation: that is, for the purpose of making profits, if the patented technology is used exclusively for scientific research and experiments, or to manufacture patented products or patented methods and use them for non-profit purposes such as personal hobbies or personal use, it does not belong to patent infringement;
4. Without the permission of the patentee: If it is carried out with the permission or acquiescence of the patentee, it does not constitute infringement.
To sum up, technology shares are acquired by knowledge or intellectual property rights, technical know-how, equipment, factory buildings, etc. As a contribution. Technicians invest in joint ventures or joint ventures as capital stocks, thus obtaining the equity of the enterprises. Technology shares, like capital shares, have the ownership of the enterprise and pay dividends in proportion to the shares. The right to operate a general enterprise is not assumed according to the proportion of shares, but determined by all parties through consultation.
Legal basis:
Article 27 of the Company Law of People's Republic of China (PRC)
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.