A Study On The Legal Problems Of Intellectual Property Investment

With the coming of knowledge economics age, deeply development of economicglobalization, intellectual property becomes one of the most vigorous production factors ofmodern enterprises, core resource of all industrial fortune. Based on relevant data,intangible assets in which intellectual property acted as the core accounts for80%ofcontribution portion in global500firms, this would show intellectual property-theintangible assets is playing an important role in enterprise development.Intellectual property investment is regarding intellectual property as a specialinvestment form to enterprises, turning it into industrial capital. Intellectual propertyowner takes intellectual property as capitals to enterprises, then the owners becomes theshareholder for getting relevant stock rights.Intellectual property investment has dualattributes-benefit and risk. On the one hand Intellectual property investment couldstrengthen the core competence, save transaction cost. On the other hand, it hasrisks.Intangibility of intellectual property makes it more complicated compared to thetangible property investment, some risks may be occurring. Then it is essential to doscientific analysis of intellectual property investment, keep the risks away in practice.Intellectual property investment accounts for great proportion in practice, theoretically upto100%according to the new corporation law. But related legislation is not completed, itneeds to set up the legal supporting system under the situation of intellectual propertyinvestment quick development.The topic of this thesis is studying the law of intellectual property investment,applying methods of comparative study summary analysis, comprehensive analysis,dividing into introduction and three chapters.First chapter is the summary of intellectualproperty investment basic theory. This part states the general theory of intellectualproperty investment by doing analysis of intellectual property investment concept,character, compatibility, legal basis, related foreign legislation, is the basic source oftheory.Second chapter is about legal problems analysis for intellectual property investment. It has comprehensive analysis to desiderate legal problems, including the analysis of thepartial investment of the intellectual property ownership, intellectual property applicationright as the intellectual property investment, intellectual property right-to-use investmentetc. investment forms choose. Based on this, analysis is conducted aiming at legalproblems of the evaluation of intellectual property, problems of intellectual propertyinvestment publicity, investor’s legal liability.Third chapter provides legislative proposalin future and discuss the methods to related problems aiming at key points of intellectualproperty investment. Some legal advice and plans are offered regarding to intellectualproperty right form, the regulation of intellectual property evaluation, legal system ofinvestment publicity, ascertaining the obligation and legal liability of intellectual propertyinvestors.