中華人民共合國合同法對於買賣合同乃有其一定之規範，而以知識產權為標的之知識產權讓與合同既屬於買賣合同之一種，則該合同法自應有其適用。然而知識產權與買賣合同二者畢竟並非相同，且該合同法與台灣民法亦有差異，因此，合同法是否確實能適用知識產權讓與合同之情形，有待觀察。故本文將以合同法為基礎，針對知識產權之瑕疵擔保責任之適用問題予以探討。

The purchase agreement in China is governed by China Civil Code and the intellectual property right assignment agreement is the part of the purchase agreement. However, the intellectual property rights and goods, which of them are all subjects of sale, are very different. Accordingly, whether the intellectual property right assignment agreement can also be governed completely by China Civil Code would be an issue. In addition, should the provisions of Taiwan Civil Code, which is not the same but similar with China Civil Code, completely be applied to the intellectual property right assignment agreement? If so, do these need to be adjusted or reinterpreted for such kind of agreement? It could be another issue. Based on this, this article is to analyze and discuss the responsibilities of warranty for free of defect regard to the intellectual property right assignment agreement under Section – Sale of China Civil Code.