Can the branch’s intellectual property rights be disposed of at will?
No.
The right to apply for patents for service inventions and creations belongs to the unit; After the application is approved, the unit becomes the patentee.
According to the provisions of the "Company Law", statically speaking, the company's property refers to the sum of various tangible and intangible properties owned by the company. It includes not only tangible objects that occupy a certain space, such as factories and machines owned by the company, but also intangible assets such as the company's patent rights, trademark rights, copyrights, proprietary technologies, and goodwill.
Dynamically speaking, the property of a legal person is initially owned by all shareholders Investment is formed, and the property that increases in value during operations after the establishment of the company and external borrowings also constitute the property of the legal person. The patent rights disputed in this case are static intellectual property rights, and dynamically they are assets that have increased in value during the operations of XX Company after its establishment.
Shareholders have rights to their capital contributions before they invest their property into the company. After the company is established, it acquires a legal personality independent of the shareholders, and throughout its existence, enjoys the rights to the capital contributions transferred by the shareholders. Ownership.
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