State Intellectual Property Office, Measures for the Registration of the Pledge of Patents

国家知识产权局专利权质押登记办法

October 13, 2010 | BY

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Written contracts required for patent pledges.

Clp Reference: 5100/10.08.26 Promulgated: 2010-08-26 Effective: 2010-10-01

Promulgated: August 26 2010
Effective: October 1 2010
Interpreting authority: State Intellectual Property Office

Main contents: Where a patent is pledged, the pledgor and pledgee shall conclude a written contract of the pledge. Pledge contracts may be separately concluded contracts, or in the form of security clauses within a principal contract (Article 3). Where a patent held in common is pledged, the pledge shall have the consent of the other co-holders unless otherwise agreed by all of the co-holders (Article 4). A foreigner, foreign enterprise or other foreign organisation without permanent residence or a place of business in China wishing to carry out registration of the pledge of patent shall appoint a lawfully established patent agency to handle such matter (Article 5).

Related legislation: PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31; PRC Security Law, Jun 30 1995, CLP 1995 No.6 p.21; and PRC Patent Law (3rd Revision), Dec 27 2008, CLP 2009 No.1 p.60

Repealed legislation: Tentative Measures for the Administration of Registration of Contracts for the Pledge of Patents, Sep 19 1996

clp reference:5100/10.08.26promulgated:2010-08-26effective:2010-10-01

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