Value analysis of intellectual property transfer

The value of intellectual property transfer can be analyzed from two levels: intellectual property transaction and intellectual property management. Understanding the value and significance of intellectual property transfer can not only provide new ideas for intellectual property transfer for intellectual property rights holders, especially enterprises, but also provide new ideas for intellectual property managers to pay attention to and promote the management of intellectual property transfer.

(1) One analysis of the value of intellectual property transfer: from the perspective of property rights transactions. As mentioned above, the legal nature of intellectual property transfer is a civil legal act with private rights transactions as its content. This definition of nature has highlighted the civil transactional nature of intellectual property transfer. From the perspective of the intellectual property transaction itself, intellectual property transfer has the following important values:

1. Maximize the application value of intellectual property and embody the utilization concept of "making the best use of everything". The core goal of my country's intellectual property development strategy should first be positioned at the realization of the value of intellectual property to achieve the ultimate goal of coordinated and sustainable development of the country's economy, science and technology, and society. According to the classification standards of civil rights in traditional civil law theory, intellectual property rights are civil rights that contain both personal rights and property rights. However, the author of this book believes that this classification does not capture the essential characteristics of intellectual property. Although intellectual property rights have personal attributes and are exclusive to the subject of the rights, the property value of intellectual property rights is the essence of this right. In view of this, intellectual property rights should be defined as property rights in the classification of civil rights. rather than a combination of personal rights and property rights. Especially in the era of knowledge economy, intellectual property rights have value and use value like other intangible assets, and have commodity attributes. Some experts pointed out a few years ago that intangible assets will account for more than 50% of corporate assets. It can be seen that from a legal perspective, intellectual property rights, a civil right, have property attributes; from an economic perspective, they have commodity attributes. The transfer of intellectual property rights, whether it is the transfer of use rights or the transfer of exclusive rights (ownership), whether it is a free transfer or a paid transfer, can maximize the application value of intellectual property rights among different rights holders. . At the same time, starting from the broad concept of "things" in law, intellectual property rights can be defined as "intangible things". "Making the best use of things" is the concept of utilization of things and is also a basic value and principle embodied in the Civil Code. , Therefore, we can also believe that encouraging and protecting the transfer of intellectual property rights can also reflect the concept of "making the best use of things". The core goal of my country's intellectual property development strategy should first be positioned at the realization of the value of intellectual property to achieve the ultimate goal of coordinated and sustainable development of the country's economy, science and technology, and society.

2. Increase the income from the transfer of intangible assets of intellectual property rights holders and stimulate the enthusiasm of enterprises for scientific and technological innovation. Intellectual property is an intangible asset. Through the trading platform of the property rights exchange, its value and use value can not only be reflected, but also the transferor can obtain transfer benefits through the transfer of intellectual property. By transferring intellectual property rights, intellectual property rights holders can transform monopoly advantages within a certain period into market competitive advantages, which not only enables the intellectual property rights holders to recover their investment in scientific research, but also obtain excess property returns. Our country has now joined the WTO, and the awareness of intellectual property rights has been significantly enhanced than in the past. More and more enterprises, universities and other units are willing to increase investment in scientific research on intellectual property rights. The reason for this trend is mainly due to the emphasis on the transfer of intellectual property rights. Benefits to rights holders. At the same time, in the era of industrial economy and knowledge economy, the competition in human society is mainly economic competition and intellectual competition. Intellectual competition will become an inevitable choice for knowledge economy and knowledge society. The transfer of intellectual property rights can stimulate the enthusiasm of enterprises for scientific and technological innovation, and the change of the subject of intellectual property rights can promote mutual learning, thereby improving the innovation capabilities of enterprises. Obviously, this is also a natural value of intellectual property transfer. Countries and regions with relatively developed intellectual property trade have fully realized the huge benefits that intellectual property transfer brings to enterprises and even countries. Therefore, their intellectual property transfer practices have been very active and a relatively mature transfer mechanism has been formed. In the practice of intellectual property management in our country, we should also focus on exploring the potential value of intellectual property transfer.