I. Overview of intellectual property rights:
1. Intellectual property refers to the exclusive right that people enjoy in accordance with the law on the fruits of their intellectual labor, which is usually the exclusive right or exclusive right granted by the state to the creators for a certain period of time.
2. Intellectual property is essentially an intangible property right. Its object is intellectual achievements or knowledge products, an intangible property or formless spiritual wealth, and a labor achievement created by creative intellectual labor. Like tangible property such as houses and cars, it is protected by national laws and has value and use value. The value of some major patents, well-known trademarks or works is much higher than tangible property such as houses and cars.
Second, the type:
Intellectual property is the ownership of the results produced by intellectual labor, and it is an exclusive right granted to qualified authors, inventors or owners of results in a certain period of time according to the laws of various countries.
It has two types: one is copyright (also known as copyright and literary property rights) and the other is industrial property rights (also known as industrial property rights).
1, all rights reserved:
Copyright, also known as copyright, refers to the property rights and spiritual rights that natural persons, legal persons or other organizations enjoy in accordance with the law for literary, artistic and scientific works. Mainly including copyright and neighboring rights related to copyright; Usually, what we call intellectual property mainly refers to the copyright of computer software and the registration of works.
2, industrial property rights:
Industrial property right refers to an intangible property right with practical economic significance in industries such as industry, commerce, agriculture and forestry, so the name "industrial property right" is more appropriate. It mainly includes patent right and trademark right.
Three. Where intellectual property investment needs to be evaluated, the following materials shall be provided during the evaluation:
1. Provide patent certificate, patent register, trademark registration certificate, transfer contract related to intangible assets investment, handover certificate, etc.
2. Fill in the intangible assets investment verification list. Required name, effective status, pricing, etc. Conform to the contract, agreement and articles of association, and be signed or accepted by the enterprise, recognized by all investors and signed on the list.
3. Intangible assets should be transferred (intellectual property rights should be registered for property rights transfer; Signing technology transfer contracts for non-patented technologies; If the land use right has gone through the land change registration formalities), but it has not been completed at the time of capital verification, fill in the Transfer Form of Capital Contribution Property, which will be signed by the enterprise to be established and its investors, and promise to complete the relevant property right transfer formalities within the prescribed time limit; Where the contract, agreement and articles of association stipulate the delivery method and place, it shall be consistent with the contract, agreement and articles of association: the "signature of the recipient" column shall be signed and sealed by all shareholders.
4. The appraisal report issued by the asset appraisal institution that the appraisal purpose, appraisal scope and object, appraisal benchmark date, appraisal assumptions and other relevant limited conditions meet the capital verification requirements, and the confirmation documents of investors on the asset value appraisal.
5. Article 27 of the new Company Law has deleted the requirement of the old paragraph about the proportion of intellectual property investment, that is, enterprises can contribute 100% of intellectual property investment.
6. Where the investment is made by a patent right, and the patentee is a unit owned by the whole people, the approval of the superior competent department shall be provided; Where the investment is made with trademark rights, the approval of the competent department of trademarks shall be provided; With high-tech achievements, provide documents for examination and confirmation by the national or provincial science and technology management department.
Legal basis:
Copyright law of the people's Republic of China
Article 37 Publishers have the right to license or prohibit others from using the layout design of books and periodicals published by them.
The term of protection of the rights specified in the preceding paragraph is ten years, ending on the 10 day after the first publication of the books and periodicals designed in this format.
Article 44 producers of audio and video recordings have the right to license others to copy, distribute, rent, disseminate to the public through information networks and receive remuneration for their audio and video recordings; The protection period of the right is fifty years, ending at 65438+February 3 1 day in the fiftieth year after the first production of the product.
The licensee shall obtain the permission of the copyright owner and the performer at the same time and pay remuneration for copying, distributing and disseminating audio-visual products to the public through the information network; When renting audio-visual products, the licensee shall also obtain the permission of the performer and pay remuneration.