(c) unlocking access to financing — authoritative interpretation of the extent and process of intellectual property production。
In recent days, as intellectual property financial services have continued to deepen, the production of intellectual property has become an important path for creative enterprise, the master of light assets, and the breaking of financing challenges. In order to help market owners to obtain accurate rules and conduct their business efficiently, authoritative interpretations of the statutory scope, process and core elements of intellectual property production are provided。
I. Investigation of investments: statutory scope clearly defined
According to articles 340 and 44 of the civil code of the people's republic of china, proficient intellectual property is a property right in intellectual property rights such as registered trademarks, patents and copyrights that may be transferred in accordance with the law。
Possible intellectual property coverage
1. Patent rights: the property right of an invention patent, a functional new patent and a patent for a visual design must be valid, not subject to dispute, transferable。
2. Trademark rights: the right to register trademarks exclusively, where the proximate trademarks on the same/similar goods/services should be produced together; and include geographical indications to prove the trademarks, collective trademarks。
3. Copyright: all or part of the transferable property right to reproduction, distribution, rental, dissemination of information networks, etc。
Other types: exclusive design rights for integrated circuit charting, new plant varieties rights, data intellectual property rights, etc., have been incorporated in many ways into pledge financing support。
Numeric core conditions
• legal validity of rights, clarity of tenure, unsealed freezing, absence of a priori pledge。
• have a negotiable and assessable value to secure performance of the obligation。
Ii. Intellectual property production: standardized processes
Intellectual property rights are established at the time of registration and do not take effect without registration. The full process code is as follows:
1. Prior preparation and value assessment
Combining valid intellectual property rights, commissioning professional bodies to produce valuation reports; specifying the amount, duration, interest rate of financing and identifying the originator and the qualifier。
2. Written pledge contracts
A separate pledge contract or security clause for the main contract setting out the information of the parties, a list of intellectual property rights, the scope of security, valuation, disposition, etc。
3. Joint application for pledge registration
• patents/marks: application to the state intellectual property agency
• copyright: application to the chinese copyright protection centre
• materials: application forms, identification documents, title certificates, pledge contracts, assessment reports, letters rogatory, etc。
4. Review and entry into force of registration
The department is legally reviewed, and approximately two working days on the patent line and five working days on paper are completed; the quality authority is formally established through the issuance of registration notices。
5. Continuity management and write-off bet
The transfer/licence during the pledge is subject to the consent of the subject; after the debt has been discharged, the parties jointly apply for cancellation of the registration and restoration of the right to free disposal。
Iii. Policy empowerment: knowledge-based assets, easier financing
At present, the financial and ecological construction of intellectual property rights is being promoted in various regions, optimizing registration services, introducing interest rates, simplifying assessments, creating white lists, supporting combinations of patents, trademarks and copyrights, and helping firms to “know-how” to “assets”。
Iv. Carnation tips
• pre-delivery verification of the status of rights to avoid impairment of tenure affecting registration and financing。
• the terms of the pledge contract are complete, with clear valuation, scope of security, disposition of default。
• registration as an entry into force requirement must be regulated in order to safeguard the legitimate interests of both parties。
Next, intellectual property authorities will continuously optimize processes and upgrade services, promote the physical regularization and facilitation of intellectual property rights, and inject financial life into innovative subjects to contribute to high-quality development。
