What is the relationship between technology transfer and intellectual property rights?

Technology transfer is essentially the transfer of technology. It is often a comprehensive use of intellectual property rights including patents, trademarks, trade secrets, copyrights, etc. What is the relationship between technology transfer and intellectual property protection? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What is the relationship between technology trade and intellectual property rights

The relationship between technology trade and intellectual property rights:

(1) The content of technology transfer transactions is intellectual property rights

What is traded in technology transfer is "technology"; A special commodity, it is not a material form, but a knowledge form. The subject matter of technology transfer is essentially a certain right - intellectual property, which refers to the exclusive rights enjoyed in a certain region and within a certain period of time over the spiritual wealth created by intellectual activities in the fields of science, technology, culture and art, etc.

This right is obtained through certain legal procedures (such as application, registration, registration, review, announcement, authorization, etc.) and, therefore, is protected by law. Take patent rights as an example. What we usually call "buying a patent" means buying the patent (application) owner's exclusive rights to his patent, rather than the invention itself. Once an invention is granted a patent, its invention content, claims and other relevant information will be disclosed by the China Patent Office. As documentation, anyone can freely consult it. General technicians in the industry shallTechnical inventions can be mastered through public information. However, no one may implement or adopt it for production and business purposes without the consent of the patentee.

Therefore, for inventions and creations with patent rights In other words, anyone can obtain it through public channels, and what the recipient of a patent transaction can only obtain is a certain right to use or occupy the invention.

Transfer of intellectual property rights in technology trade, mainly including ：

1. Transfer or licensing of patented technology . The main ones include: (1) Transfer of patent application rights; (2) Transfer of patent rights; (3) Patent implementation license. In practice, the transfer of ownership is relatively rare. Most of them involve the transfer of usage rights, that is, a patent implementation license. The patentee permits the recipient to implement the patent within the agreed scope.

2. License of trademark rights. Simple trademark transfer or licensing cannot be regarded as technology transfer activities. In fact, technology transfer is often a comprehensive behavior in which various intellectual property rights are utilized in trade, including the transfer or licensing of trademarks.

Under normal circumstances, as long as the technology supplier is willing By providing technical secrets to the recipient, you will also agree to provide the right to use the trademark to the other party.

3. Non-patented technology (also called proprietary technology, technical secrets, technical know-how, etc.). There are currently different views in the intellectual property community on whether technical secrets belong to the category of intellectual property rights, but the World Trade Organization's Intellectual Property Agreement provides a positive response to this.Answer, making it a new object of intellectual property rights. Technical secrets are protected in our country through the Anti-Unfair Competition Law.

4. Computer software license. Computer software is a new type of intangible asset, an intellectual commodity, and is protected by intellectual property laws. The protection of computer software in our country takes the form of protection under copyright law. Computer software is an important carrier of today's high technology. In recent years, the volume of international computer software licensing trade has increased dramatically, and my country's trade volume has also developed rapidly. The annual trade volume has reached hundreds of millions of dollars. There are two main forms of computer software transfer, one is the transfer of software and hardware together, and the other is the transfer of pure software.

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