What is the connotation, mode and pricing mechanism of cultural intellectual property transactions?

1. Intellectual property transaction refers to the legal act of transferring the owner of intellectual property from the transferor to the transferee according to the relevant laws and regulations on intellectual property transfer and the transfer contract signed by both parties.

2. In the practice of intellectual property market transactions, the transfer of intellectual property rights is becoming increasingly active, which greatly improves the utilization rate of intellectual property rights and brings transfer benefits to intellectual property rights holders. As far as enterprise intellectual property management is concerned, the transfer of intellectual property rights can create profits for enterprises, thus improving the operational efficiency of enterprises.

3. The value of intellectual property transfer can be analyzed from two aspects: intellectual property transaction and intellectual property management. Understanding the value and significance of intellectual property transfer can not only provide new ideas for intellectual property rights holders, especially enterprises, but also provide new ideas for intellectual property managers to attach importance to and promote the management of intellectual property transfer.

Application value

Reflect the utilization concept of "making the best use of everything". The core goal of China's intellectual property development strategy should first be to realize the value of intellectual property, so as to achieve the ultimate goal of coordinated and sustainable development of national economy, science and technology and society. According to the classification norms of civil rights in traditional civil law theory, intellectual property belongs to civil rights that include both personal rights and property rights. But the author of this book believes that this classification fails to grasp the essential characteristics of intellectual property rights. Although intellectual property rights are personal and exclusive in the subject of rights, the property value of intellectual property rights is the essence of this right. In view of this, intellectual property rights should be defined as property rights in the classification of civil rights, rather than the combination of personal rights and property rights. Especially in the era of knowledge economy, intellectual property, like other intangible assets, has value and use value, and has commodity attributes. As early as a few years ago, some experts pointed out that intangible assets will account for more than 50% of enterprise assets. It can be seen that intellectual property, a civil right, has the property attribute from the legal point of view; From an economic point of view, it has the property of commodity. The transfer of intellectual property rights, whether it is the transfer of the right to use or the transfer of exclusive rights (ownership), whether it is free transfer or paid transfer, can maximize the application value of intellectual property rights among different rights holders. At the same time, starting from the broad concept of "things" in law, intellectual property rights can be defined as "intangible things", and "making the best use of things" is a basic value and principle embodied in property law. Therefore, we can think that encouraging and protecting the transfer of intellectual property rights can also reflect the concept of making the best use of everything. The core goal of China's intellectual property development strategy should first be to realize the value of intellectual property, so as to achieve the ultimate goal of coordinated and sustainable development of national economy, science and technology and society.

transfer income

Stimulate the enthusiasm of scientific and technological innovation in enterprises. Intellectual property is an intangible asset. Through the trading platform of the property rights exchange, its value and use value can not only be reflected, but also the transferor can benefit from the transfer of intellectual property rights. Through the transfer of intellectual property rights, intellectual property rights holders can transform their monopoly advantages into market competitive advantages in a certain period of time, which can not only enable intellectual property rights holders to recover their investment in scientific research, but also obtain excess property benefits. Now that China has joined the WTO, the awareness of intellectual property rights has obviously increased. More and more enterprises, universities and other units are willing to increase investment in intellectual property research. The main reason for this trend is that they attach importance to the benefits brought by the transfer of intellectual property rights to the obligee. At the same time, in the era of industrial economy and knowledge economy, the competition of human society is mainly economic competition and intellectual competition, and intellectual competition will become the inevitable choice of knowledge economy and knowledge society. The transfer of intellectual property rights in Ding Tong can stimulate the enthusiasm of enterprises for scientific and technological innovation, and the change of intellectual property subjects can promote mutual learning, thus improving the innovation ability of enterprises. Obviously, this is also a natural value of intellectual property transfer. Countries and regions with developed intellectual property trade have fully realized the great benefits brought by intellectual property transfer to enterprises and even countries, so their intellectual property transfer practice has been very active and formed a relatively mature transfer mechanism. In the practice of intellectual property management in China, we should also pay attention to tapping the potential value of intellectual property transfer.

booming

The transfer of intellectual property rights can not only make full use of intellectual property rights and bring benefits to both parties, but also promote the orderly and rapid development of industries related to intellectual property business. As the transfer of intellectual property rights involves transfer negotiation, property right evaluation, signing of transfer contract, possession and mastery of transfer-related information, market analysis and other materials, various institutions related to the above-mentioned intellectual property business have emerged in the practice of intellectual property application. For example, intellectual property agencies, intellectual property value evaluation agencies, intellectual property transaction intermediaries, etc. The healthy and orderly development of these industries and institutions is inseparable from the development of intellectual property transfer practice; The practice of intellectual property transfer is inseparable from these agency, evaluation and intermediary structures. It can be said that the two complement each other and promote each other. Active intellectual property trade, especially intellectual property transfer, can bring business opportunities for the development of these institutions, thus forming an industry development chain in the intellectual property field and realizing a virtuous circle of "win-win".

trade environment

Intellectual property trade has become the main form and means of international trade competition. The so-called intellectual property trade, in a narrow sense, refers to the trade with intellectual property as the subject matter, including intellectual property licensing and intellectual property transfer. Such as patent license, trademark license, patent transfer, trademark transfer, copyright license, copyright transfer, trade secret license, etc. These are all intellectual property trade. Intellectual property trade in a broad sense should also include trade in intellectual property products. The trade of intangible goods, mainly in the form of intellectual property transfer and licensing, has developed greatly. According to the statistics of relevant United Nations agencies, the total international technology trade 1965 was $3 billion, 1985 was 1 10 billion, and 1985 was $50 billion, exceeding $65,438 billion in the 1990s. 195 The export trade of information technology products was US$ 595 billion, exceeding the trade of agricultural products, with a growth rate of over 30 years 190 times. Obviously, intellectual property transfer, as a form of property rights trade, is an important aspect of intellectual property trade. From the perspective of market transactions, the frequency and effectiveness of intellectual property transfer directly affect the activity of intellectual property trade market; The order and security of intellectual property transfer directly affect the quality of intellectual property trading environment.