Relevant measures for the issuance and transfer of intellectual property rights by the State Office (for Trial Implementation)
Time:2018-05-25 20:49    View:c
Xinhua news agency, Beijing, March, 29 days ago, the office of the State Council issued the "measures for the transfer of intellectual property rights to the outside world" (hereinafter referred to as "the method"), which made clear the relevant provisions concerning the transfer of intellectual property rights to the national security and tried it from the date of the publication.


In order to carry out the overall national security concept, improve the system of national security system, maintain national security and major public interests, standardize the order of foreign transfer of intellectual property, and formulate the "measures" according to the relevant laws and regulations of national security, foreign trade and intellectual property, and the scope, content and mechanism of review respectively. And other matters have been stipulated.


The Measures stipulate that the transfer of intellectual property rights involving national security in the activities of technology export, foreign investors' acquisition of domestic enterprises and other activities shall be examined. The types of examination include patent rights, exclusive rights of layout design of integrated circuits, copyrights of computer software, new plant variety rights and other intellectual property rights and their application rights. The transfer behavior includes three main situations: the alteration of the obligee, the change of the actual controller of the intellectual property rights, and the licensing of intellectual property rights. The review includes the impact of the transfer of intellectual property rights on China's national security and key technological innovation and development capabilities in key areas.


The "measures" made clear the two mechanisms of review. The first is to examine the foreign transfer of intellectual property rights involving national security in the export of technology, and to carry out the return management according to the different types of intellectual property rights. The two is to examine the external transfer of intellectual property rights involved in the security review of foreign investors' Merger and acquisition of domestic enterprises. The relevant security review agencies seek the opinions of the relevant state authorities according to the types of intellectual property rights to be transferred, and make a review and decision in accordance with the relevant regulations.
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