Can the right to use intellectual property be used as investment?

Can the Right to use intellectual property be used as investment? Before answering this question, we must first understand what the definition of intellectual property is. Briefly, it is the legal rights that people have over intellectual achievements and intellectual property created through mental labor. . This right is a civil right. Next, the editor of Legal Savior Network will give you a detailed answer here.

Can the right to use intellectual property be used as investment

The right to use intellectual property rights, in compliance with legal provisions as a condition for investment, can be used as Investment.

"Company Law" regarding non-monetary investment, The provision should be "non-monetary property that can be valued in monetary terms and transferable in accordance with the law." Those who advocate that investment can only be based on ownership may be limited by the word "transfer" stipulated in the "Company Law" and believe that only "ownership" can be referred to transfer, because the wording of my country's "Trademark Law" and "Patent Law" strictly distinguish between The "transfer" and licensed use of registered trademarks and patent rights, that is, the so-called "transfer" in the "Trademark Law" and "Patent Law" only refers to the transfer of ownership and does not include the transfer of "right to use".

However, my country's "Contract Law" stipulates that "technical "Transfer contracts include transfer of patent rights, transfer of patent application rights, transfer of technical secrets, and patent implementation licensing contracts." It can be seen that the subject matter of some laws in my country regarding technology "transfer" is not limited to ownership, but also includes the transfer of application rights and usage rights. The "Company Law" does not specify the meaning of "transfer", but the right to use intellectual property rights can be valued and implemented by others, so it can be referred to as transfer, which meets the conditions for investment.

First of allProperty transfer procedures are operational. If investment is made in non-monetary property, the "Company Law" stipulates that "the transfer procedures for its property rights shall be completed in accordance with the law", and the "Company Registered Capital Registration Management Regulations" also stipulates that "documents proving that the property rights transfer procedures have been completed shall be submitted."

Some people question how to go through the property transfer procedures and submit relevant supporting documents when investing in the right to use patents. In this regard, China's "Trademark Law" and "Patent Law" respectively stipulate that registered trademarks and patent rights are "assigned or transferred for other reasons". , must be approved or registered and announced. The assignee shall enjoy the trademark rights from the date of announcement and the patent rights from the date of registration. If others are allowed to use it, the license contract shall be filed.

my country's "Copyright Law" also stipulates copyright licensing contracts , The transfer contract can be filed with the relevant departments, but it is not required to be filed. For the transfer and licensing of non-patented technologies and other other intellectual property rights, Chinese law does not require registration, approval or filing.

It can be seen that it is only a way of investing in the right to use property rights. , except for the above, there are no special transfer procedures. Therefore, according to relevant legal principles, the relevant intellectual property rights are transferred at the agreed time or "delivery", and there is no need to go through special property rights transfer procedures.

Secondly, the Supreme Court’s interpretation recognized the contribution of technology use rights. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Technology Contract Dispute Cases" stipulates that "if a party contributes capital to an enterprise with technological achievements but does not clearly agree on ownership, and the enterprise receiving the investment claims that the technological achievements belong to it, the People's Court shall generally Provide support, except where the value of the technical achievement and the ratio of the technical achievement to the capital contribution are obviously unreasonable and harm the interests of the investor."

It can be seen that in judicial practice, investment in technology use rights is recognized. Although the Supreme Court has not yet made a similar interpretation on investment in trademark rights, copyrights, etc., from the above analysis of investment requirements, it can be inferred In judicial practice, similar identification of technology use rights investment may be adopted.

In China's industrial and commercial registration practice, many companies with investment rights for use rights have been established. In judicial practice, there are also cases that recognized the legality of investment for intellectual property use rights. Intellectual property investment can be either ownership investment or use. As for whether the investment for use rights is an exclusive license, an exclusive license or a general license, it only involves commercial considerations and is not stipulated by law, and the specific method should be unlimited.

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