The Study On Some Problems Of Intellectual Property Right In Companies' Merger And Acquisition By A Lawyer

Based on the real cases, the thesis studies on some problems of intellectual property right in Companies' Merger and Acquisition(CMA), in which the author pays special attention to the problems on patent and commercial secret. The problems attention-getting in Companies' Merger and Acquisition including the meaning,way and attention of the lawyer's investigation, the argument of proprietary,validity and value of patent, the condition of investment and mortgage contract based on patent right, the problems of commercial secret protection and the possibility of tort,lawsuit and argument.On the basis of above analyses, we can draw following conclusions: First above all the risk of intellectual property right in CMA can be prevented, though in different time,area or law ,there may be some special cases. Second, the attitude of the investor is an important factor affecting the investigating result of a lawyer. because the support from the investor assures that lawyer can work in time. Third, the ability of a lawyer and his team will be another significant factor .It is important for them involved promptly in CMA and take some necessary measures which will be helpful for an investor to make a decision in order to avoid of risking.With the development of the business, more and more companies involved in CMA, the value of intellectual property right such as patent and commercial secret continues to rise. It is interesting for a lawyer to invest some problems of the intellectual property right and share some gains with others. The paper puts forward some suggestions on how to make a policy and use legal measures to protect the benefit of the investor in CMA, in which above do the significance of this thesis lie.The new ideas brought forth in this dissertation can be summed up into following aspects. First, on the basis of analyzing the real cases both in China and foreign country ,the thesis has a relatively profound analysis of some problems intellectual property right in CMA, compared with existing research ,the analysis may be more concrete,detailed and guidable. Second, the thesis gives a relatively comprehensive and orderly combing on the ideas and theories of relevant intellectual property right in CMA, and patches up the lacking state of the existing research in this field. Third,, Compared to these existing theoretical views, which are scrappy and inconsistent, this thesis appear to be more comprehensive and persuasive .it gives a distinct and panoramic understanding of some problems on intellectual property right in CMA on the basis of stressing the emphasis.