Font Size: a A A

Countermeasures Research Against The Loss Of Our Trademarks In Foreign M&a

Posted on:2011-08-15Degree:MasterType:Thesis
Country:ChinaCandidate:R GuoFull Text:PDF
GTID:2166360305476866Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
of the foreign investors' merger and acquisition. With so many foreign capital pouring into China, some Chinese brand are the "boom" out of the year. They are either forgotten or shrunk, and China's economic and social development has caused enormous losses. On the one hand, foreign enterprises continuously keep out of the strategy, lighten the strategy, enjoys a strategy for trademark use of our strategy and trade legislation and practice of improving our corporate brand of a strong attack. On the other hand, as there lacks legislation of the trademark protection, particularly in respect of the enterprise important evaluation of intangible assets of the rule of law and system of assessing the value system, this also led to our foreign trade enterprises in the acquisition process of rapid erosion. Therefore, this article uses the empirical methods of analysis, by using the advanced experience of developed countries as a source, this article draws lessons from overseas, and combined with the trademark the effect merger of the status should be improved from macroscopic ( legislation, regulations and specific standards, assessing the value and micro enterprises ) and microscopic( improve the self-renovation capability and enhance trademark consciousness until two strategies for responding to ) aspects. Finally, it rests with how to build a workable system, with a view to assessing the value of our respect of loss by providing advice and suggestions.This article is divided into four parts: the first part is the status and role of trademark foreign merger. This section is mainly from a typical acquisitions, the analysis of the theory of value in itself and the effect merger with the role of practical significance, scholars and experts from the theory of the value analysis, and sums up the value of the enterprises merger with the far-reaching consequences.The second part is the present analysis of effect merger with china's trademark of the wastage. Chinese enterprises in foreign trade to the erosion process as a sense that we seemed to be free to use the trademark, and brand is well-known that the trademark Since the 1990s, the rapid erosion of Chinese enterprises is contrary to the "boom" quickly draw from the market value, or trademark has been assessed and trademark right to be eroded and new trademarks during a joint ownership rights have been reasonable of the new value of the trademark erosion.At the same time, it also revealed the cause of the situation from two factors of consideration, especially in the analysis of value has not given proper assessed with serious consequences; the last part reveals the phenomenon and contains China's trademark is lost by some legal advice, as legislation related to improvement of the system design, appraisal system and the establishment of the enterprise itself and the specific behavior being standardized.The third part is the policy analysis. The main task of this part is for foreign-funded enterprises in implementation of the acquisition process for the trademark and strategies, out of the strategic, and lessen the strategy. What can China learn from foreign experience? By analyzing the date of the developed countries, it comes that we should draw from macroscopic and microcosmic two strategies for responding, and puts forward some reasonable solutions.The last part is the assess value system of our foreign trade enterprises. From the value of the relevant analysis and assessment, we should cover the content and the factors for consideration, combined with the present value of the evaluation of the current evaluation and assessment process of legislation to improve the standards, methods to assess the improvements in some of his own ideas and suggestions.
Keywords/Search Tags:foreign capital merging, running off of trademark, legal protection
PDF Full Text Request
Related items