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The State Office Issued Related Method About The Transfer Of Foreign Intellectual Property Rights

- Mar 30, 2018 -

Xinhua news agency of Beijing on March 29 days, the State Council issued the "intellectual property rights transfer of foreign related work (Trial)" (hereinafter referred to as the "measures"), clearly related to national security of foreign intellectual property rights transfer of the relevant provisions of the trial from the date of issuance.


In order to implement the overall national security concept, improve the national security system, safeguard national security and vital public interests, regulate the transfer of foreign intellectual property rights according to law and order, national security, foreign trade, intellectual property and other relevant laws, formulated the "measures", respectively for the review of the scope of the review content, review mechanism and other matters stipulated.


The regulations stipulate that the transfer of intellectual property rights related to national security should be examined in technology export, foreign investors' acquisition of domestic enterprises and other activities. The types of censorship include patent rights, proprietary rights of integrated circuit layout design, copyright of computer software, and the right to apply for new plant species rights. The transfer behavior includes three main cases, such as the change of the right holder, the change of the actual controller of the intellectual property, and the exclusive implementation of the intellectual property. The review includes the impact of foreign transfer of intellectual property on the key technology innovation and development capability of China's national security and key areas.


The "measures" made clear the two mechanisms of review. First, the examination of the transfer of intellectual property rights related to national security in the technology export is carried out in accordance with the different types of intellectual property rights, and the corresponding national competent authorities shall examine them according to their duties. The two is for the foreign investors to review the transfer of intellectual property rights related to the acquisition of domestic enterprises in the security review. The relevant safety review agencies shall consult the relevant competent departments of the state according to the types of intellectual property transferred, and make a review decision according to the relevant provisions.