In our daily lives, there are many types of property rights. You must have heard of intellectual property transactions. If a company owns intellectual property rights, it is necessary to understand intellectual property transactions. However, for many people, it is not It's not very clear, so it will cause trouble to everyone. Next, we will introduce to you the classification of intellectual property exchanges and intellectual property transactions. Friends who want to know more about it, let's take a look. In this way, if this kind of problem occurs in the future, you can easily solve it yourself.

1. Intellectual Property Exchange

As long as it is formal, you can look at these points:

1. Is there an approval document from the provincial government? There is no group or large state-owned enterprise holding 2. There is bank fund custody, and there are no restrictions on withdrawals 3. Is there any slippage?

4. Regular exchange customer operations will prompt operational risks, and there will be no Conceal transaction risks. 5. Regular exchanges will not engage in illegal activities such as bringing in customers to trade.

As an intermediary service agency for property rights transactions, the property rights exchange itself does not participate in property rights transactions. It only provides necessary venues, facilities and transaction rules for both parties to the property rights transactions to ensure the smooth progress of the property rights transactions.

The functions of property rights exchanges generally include:

(1) Provide venues and facilities for property rights transactions;

(2) Organize property rights trading activities;

p>

(3) Review the qualifications of the transferor and transferee of the property rights transaction and the legality of the transfer;

(4) Provide information and other intermediary services to both parties in the property rights transaction;

(5) Supervise property rights trading activities in accordance with relevant national regulations.

The business of property rights exchanges includes not only equity transactions, but also state-owned property rights transactions, intellectual property rights transactions, etc. Different property rights exchanges may have their own unique business settings.

2. Classification of intellectual property transactions

(1) Auction-style intellectual property transactions

Auction is not only an ancient form of buying and selling, but also a modern commodity, service and An important way to trade assets. The main auction methods that can be used as intellectual property transactions include: English auction, Dutch auction, sealed bid auction, auction with reserve price, auction without reserve price, directional auction, stamp collector's auction (also known as Vickery auction), online auction, etc. . The auction process seems standardized, but it is a dynamic game process between various transaction entities, and the results have random elements.

(2) Tendering-style intellectual property transactions

Tendering is divided into two forms: public bidding and invitational bidding. The basic process is based on the entrustment of the transferor and in accordance with relevant laws. According to the requirements of laws and regulations, bidding and bidding trading institutions organize bidding activities. The trading institution and the transferor jointly formulate a bidding document and publish a bidding announcement including information on the proposed transfer of intellectual property rights. During the specific intellectual property bidding period, after qualified bidders register and submit bids, a bidding meeting will be organized in accordance with the provisions and procedures of laws and regulations, the bids will be opened publicly, and the winning bid will be evaluated by a bid evaluation expert group hired by the trading institution. The person then delivers the intellectual property rights and consideration in accordance with the agreed terms.

(3) Negotiable intellectual property transactions

In fact, any intellectual property transaction requires negotiation, but negotiated intellectual property transactions specifically refer to transfers through transaction intermediaries The specific method of intellectual property rights, that is, after the information on the transfer of intellectual property rights has been publicly listed by the trading intermediary agency, the transferor shall conduct careful investigation and determine the transferee through negotiations, comparisons, selections and other links with the intended transferee who meets the transfer conditions. The transferee’s transaction form. This method is favored when the value of intellectual property is difficult to determine immediately, or when tracking services from the transferor are required.

(4) Escrow-type intellectual property transactions

Intellectual property transaction participants provide credit intermediaries through independent escrow organizations. One party (in the case of two-party intellectual property traders, multiple parties By analogy with the transaction), the funds are first deposited into the escrow organization and temporarily frozen. After the other party provides the intellectual property rights agreed by both parties or meets other matters agreed by both parties, the escrow organization will assist in completing the fund delivery and collect the necessary fees in accordance with the rules agreed in the agreement. commission.

(5) Mergers and absorption-type intellectual property transactions

After the asset owners of the merged or absorbed organization value their intellectual property rights, they are included in the merger or absorber assets, or become its shareholder and participate in the business activities of the merger or absorber; or directly sell the intellectual property rights to the merger or absorber and obtain cash.

(6) Debt-type intellectual property transactions

In contemporary times, due to the fully developed market economic conditions as the basis, the economic value of intellectual property plays a very obvious role. Therefore, The asset owner can use the intellectual property he owns to repay the debts he owes based on appropriate valuation. At this time, the intellectual property plays the role of a general debt-repaying asset.

(7) Contractual intellectual property transactions

This is one of the mainstream forms of intellectual property transactions. This method often does not use the intermediary agency of the transaction as the conductor, but is managed according to the contract. The contract requirements set by relevant laws and regulations enable independent intellectual property transactions to be carried out. The contents of the contract mainly include the transferor and transferee of the transaction, the subject matter of the intellectual property, the transaction price, the payment method and term, matters related to the delivery of the intellectual property, and liability for breach of contract. The contracts are divided into intellectual property investment (shareholding) contracts, intellectual property licensing contracts, intellectual property transfer contracts, intellectual property pledge contracts, intellectual property guaranteed financing contracts, intellectual property trust contracts, intellectual property securitization contracts, intellectual property cooperation and joint venture contracts, etc. A variety of specific transaction contracts.

(8) Alliance-style intellectual property transactions

Based on the needs of strategic alliances and strategic cooperation, different intellectual property owners or legal owners exchange intellectual property rights through exchanges and crossovers. Exclusive sharing can be implemented through various methods such as licensing and bundling. Although the main purpose of transactions between entities is not money, the exchange of intellectual property rights for intellectual property rights is also a special form of transaction that exists to a considerable extent in reality. It is similar to barter for goods in physical asset transactions. , and intellectual property alliances and cooperation are based on market interests.

(9) Electronic intellectual property transactions

Online auctions have been mentioned in the aforementioned auction transactions, but the scope of electronic intellectual property transactions goes far beyond the online auction form. With the development and improvement of information network technology and modern intellectual property systems, electronic information technology itself has not only become the object of intellectual property transactions, but also spawned new intellectual property transaction methods from a technical perspective. Strictly speaking, electronic intellectual property transactions are not an independent transaction method, but because this transaction method has become increasingly common in modern times and is not subject to the constraints of traditional transaction methods such as time and location, it has widely penetrated into intellectual property rights. In the transaction behavior and its process links. The practice of developed Western countries shows that electronic intellectual property transactions have broad development prospects, such as online copyright and trademark rights transactions.

Intellectual property transactions include acquisitions and mergers, capital increases and share expansions, equity transfers, debt-for-equity swaps and other forms, and are not limited to the realization of legal person property transactions in the traditional sense such as fixed assets and intangible assets. Well, the above is all the knowledge about intellectual property exchanges and the classification of intellectual property transactions that I have introduced to you today. I hope it can be helpful to you.