What are the characteristics of technology investment such as patents and their civil liabilities
Patent and other technology investment Legal features:
Use patented and non-patented technology to invest It is different from monetary and physical investment and has special characteristics. Shown in:
(1) The amount of investment has Restrictive.
(2) The company’s survival is uncertain .
my country's patent law stipulates the term of patent rights, Conditions of Termination and Invalidity. The term of invention patents is 20 years, and the term of utility model and design patents is 10 years, both calculated from the date of application. During this period, any unit or individual may request the Patent Reexamination Board to declare the relevant patent rights invalid; if the patent owner fails to pay the annual fee on time, the patent rights will be terminated before the expiration of the term. In view of this, the existence life of a company established with patent capital is uncertain. Especially when the patent right is declared invalid or terminated midway,It is easy to cause disputes and affect the company's survival.
(3) Patents and other technology investments are irreplaceable sex.
Patents and other technologies are intangible assets. A very special property right that is irreplaceable. When there are defects in capital contributions such as currency or physical objects, supplementary capital contributions can be taken to maintain the legal capital system established by the Company Law. However, when technology investments such as patents are defective, that is, when the patent rights are declared invalid or terminated, it is difficult to replace them with currency or in kind, and it is impossible to hold the defective investment shareholders accountable for their compensation.
Civil liability for defects in technology investment such as patents
(1) Before the establishment of the company, the patented technology used for investment has expired or been declared invalid, resulting in civil liability for the inability to establish the company.
It is a breach of contract in contract law , shall bear civil liability for contracting negligence. Shareholders who have fully contributed capital can require the other party to bear civil liability for contracting negligence in accordance with the company establishment agreement for the losses they have suffered.
(2) Shareholders who invest in patents and other technologies Failure to deliver patented technology or technical data; or failure to complete property rights registration procedures although patented technology or technical data has been delivered.
(3) During the operation of the company, the patented technology has expired or been declared invalid, resulting in civil liability for disputes.
The above is the relevant content summarized by the editor. If If you have relevant legal consultation or other matters you don’t understand, you can call the online lawyer on the Legal Savior Network for answers. The lawyer’s professional knowledge can help you.
No comments yet. Say something...