Legal Precaution For The Loss Of Trademark Assets In Reform Of State-Owned Enterprises

Restructuring of State-owned enterprises is to create a clearly established ownership, well-defined, scientific management, functional subset of the company for the purpose of modernization, By restructuring, merger, leasing, contracting, joint ventures, transfer of state-owned property rights and the shareholding system, stock cooperative system, and other means of a comprehensive reform project ,is a strategic, Make the most of the overall state-owned enterprises in significant measure, to adapt to economic globalization and the market economy, competition needs. At present, the restructuring of state-owned enterprises nationwide have been spectacular start. In the current restructuring of state-owned enterprises, many of the old, well-known or famous enterprises, trademarks, trade names after years of accumulation, in society a great impact on the value of intangible assets is very objective, these intangible assets has become part of the state-owned assets. As a trademark intangible assets with higher cultural level and the market value of content as an important economic resource, and the existence of the enterprise as well as to promote the socio-economic development of the role is indisputable. However, the trademark characteristics of assets, restructuring enterprises tend to overlook these intangible assets, state-owned assets to disguise the hidden losses. Since the beginning of the 1990s, the loss of state-owned assets was rapidly increasing state especially state-owned intangible assets, the loss is now an urgent need to resolve problems. Thus, through analysis and research marks the typical intangible assets, further understanding of the loss of state-owned intangible assets and the current path of relevant legislation there is a lack of to a fundamental restructuring of state-owned enterprises to prevent the dissipation of assets trademark has important theoretical and practical significance.This paper is divided into four parts, by a total of about 39,000 words.The first part of the issues raised. Through the reorganization of state-owned enterprises with the goal of restructuring, which is a serious drain on intangible assets, the status and value of the assets to trademark the profound Recognizing both the exposition suggested that the present restructuring of state-owned enterprises restructuring trademark exists to preserve and increase the value of intangible assets associated with the existing legislation lag between them. This part about 3,200 words.The second part of the major restructuring of state-owned enterprises, which is the loss of assets phenomenon. Property assets based on the essential characteristics from the restructuring of state-owned enterprises, which is the loss of assets of the social reality, Property assets from the loss patterns summarized the loss of five of its phenomena. This part about 3,000 words.The third part from the system of property rights, regulatory framework, accountability, assets assessment system four-depth analysis of the state-owned enterprises restructuring of the loss of assets trademark law causes. In a property rights system, on the one hand, state-owned property rights sham from the fundamental issue has not been resolved, Internal state-owned enterprises has not yet formed a truly effective internal control mechanism, in addition to the structure of property rights do not correspond, easy to public servants in the restructuring of state-owned enterprises due to their own selfish interests ;on the other hand, owing to the property rights trading system is flawed and serious administrative interference, Reform is inevitable in China trademark disguise hidden assets wastage. The regulatory system, there are two aspects to the problem, on the one hand, the external supervision is not in place, its regulatory methods have not radically changed, still not achieved true "separating government functions" and "separation" still unable to break away from the inherent executive authority; other internal control systems are incomplete, on the restructuring of enterprises lack effective supervision, internal brand management system lag. The responsibility system, and benefits asymmetries and accountability mechanisms missing, No one result of the restructuring of the state enterprises, which is responsible for the loss of assets. Finally, assets evaluation system flawed, trade monopoly and to assess the poor management of state-owned enterprises restructuring caused trademark assets losses. This section about 13,000 words.The forth part from the micro and macro aspects of the two state-owned enterprise restructuring, which is the loss of assets of legal measures. Firstly, prevention is the restructuring of the state enterprises, which is the loss of assets micro measures In this part of the establishment of trademark assets of the financial indicators examination system, implement full-time part-time administrator trademark responsibilities and the internal management system, sound trademark assets of assessment methods-poor law and the emphasis on cutting restructuring of state-owned enterprises, As long as items related to the change of the original trademark owners are advised to exercise its right to license, rather than the transfer of power, for the use of the mark comprehensive monitoring;Secondly, is to prevent state-owned enterprise restructuring, which is the loss of assets macroeconomic measures In this part of a clear corporate trademark ownership of the assets, property rights transactions gradually build the areas of market access and exit system reform the system for appointing deputies. establish joint accountability system and trademarks may revoke the transfer system and to improve and strengthen the state-owned assets of the Penal trademark protection Legal precautions. About 18,000 of this part of the word.By the above four aspects of analysis and study, proposed increase caused the loss of state-owned assets trademark of punishment, and to effectively curb the loss of state-owned assets marks the momentum is to protect the state-owned enterprise restructuring, which is to preserve and increase the value of the assets.