If you want to trade intellectual property, which one is more professional? Ask for answers

Legal analysis: An intellectual property transaction refers to the completion of an intellectual property sale transaction between the buyer and the seller through negotiation and signing of a contract under certain conditions. Transaction methods include, but are not limited to, exclusive licensing, transfer, licensing, sharing, etc.

The purpose of intellectual property transactions is to maximize the value of intellectual property and create a profitable environment for the research and development of new technologies and new products.

Legal basis:1Article 51 of the Patent Law of the People's Republic of China stipulates that patent rights may be transferred, licensed or pledged for licensing. The secured claim pledged by the patent right may be transferred, mortgaged or repledged.

2.Article 44 of the Copyright Law of the People's Republic of China stipulates that copyright owners may transfer or license others to use copyright in different ways.

3.Article 42 of the Trademark Law of the People's Republic of China stipulates that a trademark registrant may transfer the exclusive right to use its trademark to another person and enter into an assignment contract with the transferee.

In short, the transaction of various intellectual property rights should be carried out in accordance with the corresponding legal provisions and procedures, and attention should be paid to the protection and legitimate use of intellectual property rights.

Nowadays, there are many online patent and trademark transactions, but the most authoritative and largest intellectual property trading platform is China Intellectual Property Management Network.

In the transfer of patent rights, there are several issues that must be known:

1) Transfer of ownership The transfer of patent right refers to the transfer of ownership, after the transfer, the original patentee loses the exclusive right, and the transferee becomes the new owner of the patent right. This is not the same as a patentee allowing others to exploit their patent.

2) Transfer of patent rights as a whole The transfer of patent rights can only be the transfer of rights as a whole. Because a patent involves an invention and the subject matter of the patent is a single entity, it cannot assign the patent right only in a certain area of the national territory for a specific technical application of the invention, or only one of the acts of a specific technical application of the invention, but should transfer the patent right as a whole, which is different from the license to exploit the patent.

3) The transfer of patent rights held by units must be approved The transfer of patent rights is free for units or individuals under collective ownership, and in principle, they can decide on their own. However, since the patents held by units owned by the whole people are owned by the whole people, the transfer of their patent rights must be approved by the competent authority at a higher level. If a unit owned by the whole people transfers a patent right to a foreigner, it must also report to the competent authority at a higher level for approval.

4) Realize the transfer of patent rights by contract The transfer of patent rights, except for a few cases that are added free of charge, is mostly realized through the sales contract. According to this contract, the person (seller) shall hand over the patent right to the assignee (buyer), and the assignee shall pay the agreed price if he accepts the patent right.

5) Procedures for the transfer of patent rights The transfer of patent rights must be carried out through certain procedures, and the transferor and the assignee must enter into a written contract, which can only be effective after registration and publication by the patent office.

2. The transfer of the right to use the patent can be transferred to several persons at the same time.

3. Transfer of the right to apply for a patent.

At present, there are not many platforms for patent transfer, but the patents on different platforms are also different. As long as you see that there are suitable patents and the platform is regular, you can choose to transfer it on this platform.

The intellectual property trading market is a comprehensive service platform that provides the transaction, transfer, licensing, investment and financing of intellectual property rights such as trademarks, patents, and copyright defamation rights, and is a bridge built for the transformation of scientific and technological achievements and intellectual property rights.

Function: The intellectual property trading market is an innovative new way to solve the financing difficulties of technology-based small and medium-sized enterprises in the start-up and growth stage. Intellectual property transactions are conducive to broadening the financing channels of small and medium-sized technology-based enterprises, and is conducive to scientifically guiding private capital to open up new investment areas.

The role of the Guangzhou Equity Exchange Center in adding the intellectual property trading section: focusing on the development of intellectual property pledge financing and intellectual property transfer and licensing business based on intellectual property shares, promoting a new pledge financing model combining equity and intellectual property rights, innovating financial transaction varieties, broadening the financing channels for small and medium-sized technology-based enterprises, accelerating the establishment and improvement of the intellectual property investment and financing trading platform, and merging intellectual property rights trading activities such as intellectual property transfer, licensing, and financing. Form a unified intellectual property trading market, and become a comprehensive investment and financing service platform with complete varieties, large scale and wide coverage.

Intellectual property transactions can be carried out in the following ways:

1) Bidding transfer;

The so-called bidding transfer is the process of selecting the transferee through public solicitation when the property right is transferred, generating more than one plurality of willing transferees, adopting the method of competitive transaction, and selecting the transferee through the difference in the first or transfer conditions.

The selection of bidding methods can be flexibly used according to the different targets, and the domestic property rights trading institutions have gradually explored a set of effective bidding methods in the process of operating enterprise transformation, mainly including the evaluation method, the one-time method, the limited number of times, the unlimited number of times or the electronic method. These methods not only adapt to the characteristics and requirements of property rights transactions, but also give full play to the market's first-class discovery function and select the ultimate transferee of enterprise restructuring.

2) transfer by agreement;

The so-called transfer by agreement is the process of creating a willing transferee when the property right is transferred, and the transaction is reached by means of agreement transaction.

3) Other methods provided for by national laws and regulations.

Intellectual property valuation, intellectual property loan pledge, transformation of intellectual property achievements, etc.

There are also licensing of intellectual property, financing of intellectual property, and shareholding of intellectual property.

The scope of intellectual property transactions mainly includes:

Copyrights, trademarks, geographical indications, industrial designs, patents, layout designs of integrated circuits, undisclosed information, etc., are important intangible assets protected by special laws.

For example, integrated circuits, computer software, multi-class products, audio-visual products, audio-visual products, literary works, etc. are all within the scope of intellectual property transactions.

1 All walks of life have a necessity for their existence, and the same is true for intellectual property rights. Intellectual property rights generally include trademarks, patents, copyrights, etc.

1. Applying for intellectual property rights can facilitate the market, help maintain social order, and allow consumers to recognize and buy;

2. Applying for intellectual property rights can safeguard the interests of the right holder, protect the rights and interests of consumers, and prevent fakes from flying all over the sky;

3. Intellectual property rights are conducive to the technological innovation of products and the enrichment and differentiation of services, and promote social progress.

The intellectual property institutions in various places belong to the normal nature of enterprises, but they have passed the certification of the State Trademark Office or the Copyright Office and the national intellectual property rights, and can engage in intellectual property business. This is just like a food production company needs to obtain a food safety certificate issued by the health department, and a tobacco production license is required to produce cigarettes.

It belongs to the service organization, that is, the service industry.

At present, intellectual property rights are also slowly growing in China, especially in Shenzhen, which is now vigorously supporting enterprises to do intellectual property rights, with scientific and technological innovation as the core. Whether you are a salesman or a person, the future is bright.