In order to implement the overall concept of national security, improve the system of national security, safeguard national security and major public interests, and standardize the examination of foreign intellectual property transfer in Shanghai, these rules are formulated in accordance with relevant laws and regulations concerning national security, foreign trade and intellectual property, and in light of the actual conditions of this municipality.
I. Scope of Examination
The term "External Transfer of Intellectual Property Rights" shall mean the transfer of intellectual property rights within the territory of this municipality by a Chinese entity or individual to a foreign enterprise, individual or other organization, including the change of the obligee, the change of the actual controller of the intellectual property rights and the exclusive license for the exploitation of the intellectual property rights.
II. Content of Examination
The external transfer of intellectual property rights has a significant impact on the development ability of the core key technology innovation in China's important fields: It may cause the foreign transferee to form the technology monopoly in this technology field, and thus bring inevitable restrictions to the subsequent innovation and improvement in this field in China; Secondly, it may affect the key research and development fields determined by the national plan and the innovation and development capacity of the state to support the high-tech fields.
In addition, the Municipal Commission of Commerce, the Municipal Intellectual Property Office, the Municipal Science and Technology Commission and the Municipal Economic and Information Technology Commission and other relevant departments are respectively responsible for the examination of the external transfer of relevant intellectual property according to their responsibilities.
III. Examination procedures
The Municipal Commission of Commerce shall, after receiving the application submitted by the technology exporter for restricting the export of technologies from China, transfer the relevant materials to the Municipal Intellectual Property Office within 5 working days if the transfer involves patent rights, exclusive rights of integrated circuit layout-design and other intellectual property rights. If the computer software copyright is involved in the external transfer, the relevant materials shall be transferred to the Municipal Science and Technology Commission within 5 working days. The submitted materials include information of technology exporters, technology importers, technology owners, technology export purposes, methods and reasons.
Written opinions on the review of intellectual property transfer issued by the Municipal Intellectual Property Office and the Municipal Science and Technology Commission include "Review Situation" and "Comprehensive Review Conclusion".
The Municipal Commission of Commerce, the Municipal Intellectual Property Office, the Municipal Commission of Science and Technology and the Municipal Commission of Economic Informatization should formulate specific examination rules, specify the examination materials, procedures and time limits, and publicize them. The staff of relevant departments shall keep the trade secrets of the parties to the transfer of intellectual property rights, and be diligent and responsible.
