Trademark assignment. The assignor and the assignee apply jointly to the Trademark Office; the assignment takes effect once it has been approved and published. Any identical or similar marks the assignor holds for the same or similar goods must be assigned at the same time.
Patent assignment. The parties sign a written contract and register it with CNIPA. The assignment takes effect on the date of registration.
Copyright assignment. A written contract is required; the assignment takes effect on signature, and registration is voluntary.
Three points follow for the deal itself.
Match the payment schedule to the effective date. Because trademark and patent assignments take effect only on approval or registration, paying the full price at filing leaves the buyer exposed.
Check the status of the right before you close. Pledges, licenses, pending oppositions, invalidation or non-use cancellation proceedings, and unpaid annuities or renewal fees all change what is actually being bought.
Allow for the cross-border layer. Technology import and export control, the foreign exchange rules on payment, and tax treatment all come into play.
