Does intellectual property investment need to be registered?
Required.
The requirements for investment in intellectual property are What
"Company Law" It is clearly stipulated that the investment scope of intellectual property rights is industrial property rights and non-patented technology (also called proprietary technology). In our country, industrial property rights include patent rights and trademark rights. Therefore, it should be noted that the subject matter of intellectual property investment does not include copyright. In addition, the law on foreign-invested enterprises also requires that the industrial property rights or know-how contributed by foreign joint venturers must meet one of the following conditions:
(1) Can produce new products that China urgently needs or products marketable for export;
(2) Can significantly improve the performance and quality of existing products and increase production efficiency;
(3) Can significantly save raw materials, fuel and power.
Methods of investment in intellectual property
1. The owner of the intellectual property rights contributes capital by transferring ownership of the intellectual property rights
Investment in the form of transfer of intellectual property rights shall comply with the legal provisions on the transfer of intellectual property rights. my country's Trademark Law and Patent Law both stipulate that when an investor makes an investment through the transfer of trademark or patented technology, the specific trademark or patent right shall be fully transferred as a whole. It can be said that this method of investment is compatible with the specific connotation of the property rights of the company, so there is no conflict in reality. However, whether investment can be made through partial transfer of intellectual property rights is questionable. I think it is necessary and feasible to use this investment method in reality, but strict conditions must be set for its use. If an intellectual property investor contributes capital by way of transfer, it must promise that the intellectual property rights it contributes are not sufficient to cause misunderstanding, confusion or other adverse effects. If the investor has licensed the intellectual property rights to others, before handling the investment transfer, it must Obtain the consent of the licensee and handle the aftermath in accordance with the provisions of the license contract, and the interests of the licensee shall not be harmed by investing in intellectual property.
Choose the intellectual property transfer method to invest in the company, regardless of Starting from both the theoretical structure and the actual situation, it is consistent with the basic principle that a company enjoys legal person property rights formed by shareholder investment, because "transfer" means permanent transfer, and the company enjoys the final ownership of the intellectual property, and therefore has the final Disposal power can be assumed by the companyCapital guarantees against losses and risks. It can be said that capital contribution through intellectual property transfer is in compliance with various provisions of my country's company law for capital credit considerations.
2. The owner of the intellectual property rights uses the license Investment
If the intellectual property owner chooses "Use License" Whether the method of making capital contributions will theoretically conflict with the company's legal system's provisions on registered capital, whether this conflict can be resolved through corresponding system construction, and whether it will face huge risks in practical operations and even be difficult to operate. . The company to be established must demonstrate in an external form that it has the legality to use the intellectual property rights and exclude others from improper use. This external form of expression can only be investment registration or filing. It is relatively simple to register and transfer trademark rights through the Industrial and Commercial Bureau. Currently, there is no specific registration system for patent or trademark beneficial investment in my country. Investors can apply to the corresponding administrative agencies in their own names, and this Such applications often face the risk of failure because there is no precedent to follow.
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