The question asked by the questioner contains two items, namely "Can intellectual property rights be used for commodity circulation" and "Can intellectual property rights be inherited?"
The first question is that intellectual property itself is a civil right, and the right holder has the right to transfer rights in accordance with the law. That is, intellectual property can be used for commodity circulation. There are many trading platforms for trademarks, copyrights, and patents in China and even around the world. It is a practice that trademarks, copyrights and patents of major intellectual property rights can be used as commodities for market circulation;
For example, Article 25 of the Copyright Law of the People's Republic of China (2010) transfers Article 10 of this Law The rights stipulated in Items (5) to (17) of paragraph 1 shall be concluded in a written contract.
The rights transfer contract includes the following main contents:
(1) The name of the work;
(2) The type and geographical scope of the transferred rights;
(3) Transfer price;
(4) Date and method of delivery of transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Patent Law of the People's Republic of China (2008)
Article 10 The right to apply for a patent and the patent right may be transferred.
When Chinese entities or individuals transfer patent application rights or patent rights to foreigners, foreign enterprises or other foreign organizations, they must go through the procedures in accordance with the provisions of relevant laws and administrative regulations.
To transfer patent application rights or patent rights, the parties shall enter into a written contract and register it with the patent administration department of the State Council, which shall make an announcement. The transfer of patent application rights or patent rights takes effect from the date of registration.
Trademark Law of the People's Republic of China (2014)
Article 42: When a registered trademark is transferred, the transferor and the transferee shall sign a transfer agreement and ** *Same application to the Trademark Office. The transferee shall ensure the quality of the goods using the registered trademark.
When transferring a registered trademark, the trademark registrant shall transfer all similar trademarks registered on the same goods, or identical or similar trademarks registered on similar goods.
For transfers that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the transfer and will notify the applicant in writing and explain the reasons.
After the transfer of a registered trademark is approved, it will be announced. The assignee shall enjoy the exclusive right to use the trademark from the date of announcement.
The second question is that intellectual property rights themselves are the legal property of citizens, and the obligee has the right to inherit the rights in accordance with the law, that is, intellectual property rights can be inherited;
The People’s Republic of China and the State Article 3 of the Inheritance Law (1985): Inheritance is the legal personal property left by a citizen when he dies, including: (6) Citizens’ property rights in copyrights and patents; 7) Other legal properties of citizens.
For example, if the copyright belongs to a citizen in Article 19 of the Copyright Law of the People's Republic of China and the People's Republic of China (2010), after the death of the citizen, his/her rights shall be transferred to Article 10, Paragraph 1, Items (5) to (5) of this Law. The rights specified in Item 17) shall be transferred in accordance with the provisions of the Succession Law within the protection period stipulated in this Law.