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

Chinese law defines and regulates the transfer of patents and other intellectual property rights by requiring all transfers to be in accordance with the laws and regulations of the People’s Republic of China (PRC). According to the Patent Law of the PRC, a transfer of a patent right for those located in mainland China must be authorized by the relevant patent office. Those outside of mainland China must authorize the transfer through the State Intellectual Property Office (SIPO). For other types of intellectual property like trademarks, copyright, and know-how, the transfer must be documented in writing and must be registered with the China Trademark Office or the Copyright Protection Centre, respectively. In addition, for the transfer of patents and other intellectual property rights to be valid, the transferor (the rights owner) must not only have the rights to their intellectual properties but also have the power and capacity to conclude the transfer agreement. The recipient (the person accepting the rights) must also have the power and capacity to accept the rights and must agree to the responsibilities associated with the transfer. Chinese law also has provisions on the remuneration for the transfer of patents and other intellectual property rights, which must be fair and reasonable. The law states that any patent rights or other intellectual property rights shall be transferred according to the circumstances of the case and the agreement of the parties involved. If the parties are unable to reach an agreement on compensation or other matters, then the amount shall be determined by the relevant authority.

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

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