The shareholder’s intellectual property investment has not gone through the transfer procedures. Can the transferor dispose of it? This intellectual property
cannot.
Article 27, Article 2 of the Company Law Article 28 stipulates: “Shareholders may make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred in accordance with the law”; “Shareholders shall pay the company’s articles of association in full on time. The amount of capital contribution subscribed by each of them as stipulated in.
If a shareholder contributes capital in currency, the full amount of the monetary contribution shall be deposited into the limited liability company's bank account; if the shareholder contributes capital in non-monetary property, the transfer procedures for its property rights shall be completed in accordance with the law."
This shows that our country’s laws grant intellectual property rights The ability to contribute capital as non-monetary assets. There are two ways for intellectual property rights holders to realize their rights:
One isThe right holder uses it directly;
The second is that the right holder will Intellectual property rights are transferred or licensed to others, and assignment means the transfer of ownership. A registered trademark right is an intangible property that has the properties of a commodity and can be used as the subject matter of transfer.
"Trademark Law of the People's Republic of China" 》stipulates: When transferring a registered trademark, the transferor and the transferee shall sign a transfer agreement and jointly submit an application to the Trademark Office. After the transfer of a registered trademark is approved, it will be announced.
The assignee shall enjoy exclusive use of the trademark from the date of announcement right. Article 40 stipulates: A trademark registrant may authorize others to use its registered trademark by signing a trademark license contract. The subjects of transferring a registered trademark are the transferor and the transferee. The transfer of a registered trademark and the trademark license contract are different legal relationships. The main difference between the two is whether the ownership of the registered trademark has been transferred. In the former, even if both parties have signed a transfer agreement , without the approval of the trademark authority, it still cannot have the effect of transferring the ownership of a registered trademark.
Article 3 of my country’s Company Law stipulates: A company is an enterprise A legal person has independent legal person property and enjoys legal person property rights. The company shall bear responsibility for the company's debts with all its property. The shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution, while the shareholders of a joint stock company shall be liable to the company to the extent of the shares they have subscribed for.
Shareholders contribute capital with intellectual property rights. If the property change procedures are not completed in a timely manner, the company that receives the investment cannot enjoy the final right to dispose of the intellectual property rights. When the company encounters a debt dispute, all assets should be used against it. The company is responsible for the debts.
The above is what the editor says We have compiled relevant knowledge. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to have legal consultation.
