The Research On Non-patent Technology Funded Legal Issues

The essence of non-patent technology investment is the capitalization of non-patent technology. The procedure and legal regulation on non-patent technology investment is sweeping and simplified, thus, it is easy to cause trouble in practice, which greatly influences the transference from the fruits of non-patent technology into the realistic productivity in China. Therefore, it is a topic research with vital realistic significance to study the subject and object of non-patent technology investment and regulate behavior of non-patent investment in practice.The thesis includes four parts.The first part, the article analyzes the non-patent technology investor theoretical basis, In explaining the intention of non-patent technology investor reasonable value. Non-patent technologies on the meaning of discrimination and similar concepts, that constitute the elements on its technical, secret, practical and confidentiality. Non-patent technologies capitalization reflects the technology for the economic development trend. Credit from the capital to assets of credit, the company's capital functional changes does not affect the "three principles of capital", as a non-patent technology investor theoretical basis.Part two researches non-patent technology funded by investors with the object of the problem. Non-patent technologies on the eligibility of investors and obligations that the non-patent technology, investors should not just ownership, It should also be extended to the right to the use of proceeds; In addition to the investor to pay the full funding of basic obligations, Forbidding must also assume obligations and security flaws. Non-patent technologies on the subject of funding, are funded from the subject matter of Qualification, Analysis of non-patent technical subject matter as the investor is whether investors from the elements; In addition to non-patent technologies are funded from the elements, they do not need to have special elements.The third part of research funded non-patent technical verification and valuation system. On non-patent technologies funded valuation system, the analysis of existing legislation on the basis of inadequate, from the four aspects of sound advice. On non-patent technologies funded verification system, according to China's legislative status quo, Analysis of the verification system from the beginning that there have technical defects, which exists on the need for system questioned proposes to abolish the system.Part Four, non-patent technology research funded by legal regulations. The foreign investors are on the useful experience that China should perfect the legal aspects four regulations: First, non-patent technology investors should fulfill the statutory procedures; Second is the circumvention is funded from the norm; Three non-patent technologies funded security risks; Four non-patent technical flaws funded security responsibility.