A Study On Legal System And Legislative Proposals Of Intellectual Property As Investment

The development trend of economic globalization, making the characteristics of the knowledge economy increasingly prominent, as one of the most dynamic elements of companies in modern society, intellectual property has become an important?method of investment. Intellectual property as investment refers to the procedure of intellectual property owner taking the companies'capital as the consideration of intellectual property rights, and becoming the company's shareholders.Intellectual property as investment is an important method of using intellectual property, but in China, the research of that is not in-depth yet, laws and relevant regulations on this issue are not clear and complete enough at all, the correlative theory and practice are needed to be developed. This article is according to foreign legal system which in reference to investment, combined with the practice of China and the present situation, offering suggestions for this system aimed to make some optimization.Chapter I focuses on comparing intellectual property rights with the traditional property rights in fundamental principles, and summarizing the principles of intellectual property rights for the general inheritance and break, which forming the main clue of article. This is the basis of theory and structure which has determined the possibility of contribution and the demand for researching.Chapter II focuses on researching on the objects of intellectual property investment, and telling the difference between intellectual property investment and other kinds of investment from the perspective of company law, which is the eligibility for the intellectual property rights as an object of investment; then discussing the special parts of intellectual property rights which have the eligibility of being object of investment, for instance, whether and how some special intellectual property or intellectual property rights can become the objects of investment.Chapter III focuses on the subject of intellectual property and discussing what should be the general conditions for the subjects of intellectual property rights from the perspective of company law, which also apply to the subject of Intellectual Property Investment; From the perspective of intellectual property law, discussing the questions on how identified the qualifications of subjects of the special intellectual property rights in the capital contribution .Chapter IV focuses on the method of intellectual property investment, from the perspective of company law,discussing which method is appropriate for intellectual property, including the transferring or authorizing; and then from the perspective of intellectual property law, discussing the question that what should be paid attention to in intellectual property area, and the rights valuation which as the main problem on investing method, including the impact to various types of intellectual property, such as industrial property, copyright, etc.Chapter V focuses on of the present situation of intellectual property rights and legislation on its investment, including the company Law related to investment and intellectual property law; at the same time, offering solutions and legislative proposals for problems in judicial practices of intellectual property investments.