How does Chinese law define and regulate the transfer of patents and other intellectual property rights?

Chinese law sets out specific rules and regulations for the transfer of patents and other intellectual property rights. According to the Patent Law of China, intellectual property can generally be transferred through assignment, licensing, or authorization. Assignment is a transfer of ownership of an intellectual property right from one person or entity to another. This transfer must be in writing and must be recognized by both parties involved. For patents, this transfer must be approved and registered by the State Intellectual Property Office before it becomes valid. Licensing is when the owner of an intellectual property right grants a third party permission to use the right, but retains the ownership of the right. Licensing agreements are also usually written and must be approved by the State Intellectual Property Office. The third way a person or entity may transfer an intellectual property right is through authorization. Authorization is when the owner of the right allows the third party to use the right without signing any binding agreement. In addition to defining and regulating the transfer of patents and other intellectual property rights, Chinese law also provides for the protection and enforcement of intellectual property rights. This includes measures such as criminal and civil penalties for infringements and measures to protect trade secrets. Overall, Chinese law provides strict and comprehensive rules and regulations to ensure intellectual property rights are properly and legally transferred. Additionally, it provides measures to protect and enforce the rights of those who own intellectual property rights.

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