A Study For The Problem Of Intellectual Property Right In Mergers And Acquisitions

Historically speaking,each economic crisis usually induces a new wave tide of industrial structure adjustment,and such adjustment generally fulfills its objectives primarily through mergers and acquisitions(M&A).The financial crisis originated from U.S.A.in 2008 has rolled up each corner in the world,and,facing the financial shocking, the majority of government officials and scholars in the intellectual property(IP) community generally believe that IP will have a significant effect on eliminating this crisis,augmenting the research and development of technologies,and tuning the product structure.Clearly,the 21^st century is an age of the information technology(IT) and biotechnology industries,which are both technology-intensive industries,and the vigorous development of these industries heavily depends on the IP system.Furthermore, the IP system will act as an important part in the economic structure consolidation following the financial nightmare.Therefore,it is imperative and pragmatic to conduct the IP system-related research of M&A.On the other hand,the present domestic studies have paid little attention to the IP system in M&A.These studies mainly stress on the analysis in the management perspective and have not shaped the theoretical architecture from the IP system viewpoint. Moreover,they have not built a series of systems including IP investigation analysis, value assessment,and consolidation analysis.Thus,studying the IP-relevant problems in M&A has a significant academic impact.Besides introduction and conclusion,the thesis consists of five parts.Part 1 presents M&A-related concepts and theory analysis.Based upon the profile of M&A-pertinent concepts and theories,it derives the importance of,and examines the necessity of IP in M&A.Part 2 concentrates on the topic of pre-M&A scrutinization on IPs of target enterprises.Rooted in the practical study on the investigation items of the due diligence criterion,patent rights,trademark rights and business secrets in M&A,Part 2 analyzes the current domestic problems in the due diligence process.Part 3 discusses the post-M&A assessment of IPs of target enterprises.By examining the actual IP assessment system,and the assessment forms for patents, trademarks,and business secrets in our country,the part points out the limitations of the in-progress M&A IP assessment in our country.Part 4 expatiates on the post-M&A IP consolidation.This part states that enterprises should consolidate the acquired IPs according to self conditions so as to achieve the maximum utility.Finally,Part 5 discusses how to improve the M&A IP system,the IP investigation system,the IP assessment system,and the IP monitoring system of our country.