1. Ruling to prohibit transfer

If the person subject to execution fails to perform the monetary payment obligations specified in the effective legal document, and the enforcement court finds that he has property rights in intellectual property rights, it may make a ruling to prohibit him from doing so. Transfer and withdrawal. Generally, the method of freezing the seized property shall be applied in order to restrict its transfer or disposal. Patent rights and exclusive rights to registered trademarks are registered with the competent authority, and copyright generally does not need to be registered. If there is a registration authority for the intellectual property rights being executed, a notice of assistance in enforcement shall be issued to the registration authority, requiring it not to handle property rights transfer procedures. If the registration authority is not requested to assist in enforcement, the registration authority will handle the transfer or withdrawal procedures for the person subject to enforcement and will not bear any legal responsibility, which will easily make the prohibition measures a mere formality.

2. Retention of certificates

If there is no registration authority or the ruling prohibits the transfer and it is difficult to restrict it, in order to prevent the person subject to execution from transferring the rights without authorization. The person subject to execution may be ordered to hand over the property or use right certificate to the execution court for preservation so that it cannot be transferred. If the person refuses to hand it over, the people's court can take search measures in accordance with the law, seize the certificate and keep it for storage. At the same time, if there is a third debtor, the third debtor should be prohibited from paying off, delivering or transferring property rights to the person subject to execution. If there is no third party and no one exists, then the right holder can only be prohibited from taking action.

3. Ruling to auction or sell off

After the property rights in the intellectual property rights of the person subject to execution are ruled to be prohibited from being transferred, if the obligation to pay money is fulfilled, the prohibition measures shall be lifted; if the execution is still not performed, , where auction and sale measures are applicable, enforcement measures such as auction and sale can be adopted to sell their property rights in exchange for the price to pay off debts. Just like using things to pay off debts in the execution of tangible property, using intellectual property itself to pay off debts is also a special method of price change. The specific price change should be carried out through appropriate methods according to the type and nature of the property right.

For the enforcement of intellectual property rights, in addition to transferring the rights themselves, measures can also be taken to implement specific rights, such as transferring the right to use for a limited period or using the right to use the right to pay off debts. Just as there are many rights in real estate ownership, licensing of rights to use intellectual property is a common form of transaction. All rights that the rights subject can exercise on his own can be enforced during execution. This is similar to a compulsory license in the patent law, except that it is decided by the people's court instead of the administrative agency. The court entrusts an evaluation agency to conduct an evaluation, and with the consent of the person applying for execution and the person subject to execution, the intellectual property rights of the person subject to execution can be directly handed over to the person applying for execution at the assessed price to pay off the debt without going through the auction or sale procedures. The remaining debts shall be paid by the person subject to execution. The executor should continue to pay off the debt in accordance with the law. If the assessed price exceeds the amount of the claim, the excess shall be returned to the person subject to execution. If the applicant for execution and the person subject to execution disagree on the assessed price, the court can entrust an auction or sale and use the proceeds to pay off the creditor's rights. The excess should still be returned to the person subject to execution. For the buyer, the court should make a ruling confirming the buyer's rights. The buyer takes the ruling to the relevant department to register the change. At the same time, the court issues a notice of assistance in execution in accordance with the provisions of Article 230 of the Civil Procedure Law, thereby ensuring the smooth and safe transfer of property rights and facilitating the realization of the purpose of execution.

4. Ruling to withhold and extract

Some property rights in intellectual property rights are not subject to enforcement measures of auction and sale, such as labor income such as royalties and invention remuneration, and measures should be taken to withhold and extract them. Serve the detention and withdrawal ruling and the notice of assistance in execution to the relevant units, and withdraw the royalties or remuneration to pay off the debt.