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Funded By The Intellectual Property Law And Economics And Its Special Regulation,

Posted on:2008-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:S Y WangFull Text:PDF
GTID:2206360215496739Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The evolution of the trading system, basically all revolves the pursuing tradingto seek to making profits and guarding the trading credit to launch. The law ofcorporation is manifesting the trading autonomously as the centralism with thegovernment rules and regulations law, essentially it manifests the commercial law todevelop lives the background and the system agent, therefore, our many closelyexamine to the commercial law can be explained through the researching to the lawof corporation's concrete system. But in the law of corporation institutional system.comparing the company governing structure and the company legal person system, the company capital system, especially the intellectual property rights investmentsystem, is a good breakthrough point to analyze the value orientation which in thelaw of corporation contains. In the microscopic stratification plane, it involves theconcrete analysis in how to limit the capital's conception, responsibility sharing ofthe intellectual property rights and so on. In the macroscopic stratification plane, itinvolves the commercial profitand the commercial credit, even the balances of thelaw promoting economy developing invests and maintaining the economic safty, legal and economical interaction and so on. This article uses the promotion investsand defending the trading credit under the technical time as the macroscopiclinguistic environment, take the law economic analysis and the law explanationresearch as the methodology foundation, then, take the intellectual property rightsinvestment as a breakthrough point to research the company capital system.This article explains the law's insititution agent of the intellectual propertyrights investment, comprehensive using the law economic analysis, law analysisresearch, the comparing system analvzing and so on, from the macroscopic systemevolution angle, such as enterprise, company, credit and capital, then, use explainingintellectual property rights investment on the conception of "the actual goodsinvestment" as the basic point of discussing.The first part of the article uses the law economic analysis, analyzing the properation of the intellectual property rights investment, , and provides a economicstandard to judge the properation of the intellectual property rights investmentsystem.The second part discusses the particularity of the intellectual property rightsinvestment baseing on the economical validity analysis of the intellectual propertyrights investment in the first part. Thus, providing a comprehensive theoryfoundation on the next discussing about the corporation law's special prescripition ofthe intellectual property rights investment.The third part analyze the corporation law's special prescripition about theusing way of the intellectual property rights investment. The article believes that theintellectual property rights person choice the intellectual property rights' using waymanily basing the level of its economical goal's realizing, and makes a detailedanalysis and the discussion about it.The fourth part analyze the intellectual property rights investment in thecorporation law's special prescripition from defining the investment share. The new"Law of corporation" has made the new stipulation about the intellectual propertyrights investment share, it initiates the educational world's many arguments becauseit has removed the original 20% restriction. the article proposed the own viewregarding about it.The fifth part analyze the intellectual property rights investment's appraisal.the intellectual property rights investment's estimation is a necessary procedure inthe intellectual property rights investment. as the specific form of the actual goodsinvestment, the intellectual property rights also face the problem not in the leastexceptionally. The appraisal in intellectual property rights investment still has manyproblems, how to consummates the appraisal from the legal stratification is aquestion which the author needs to discuss and solve. in this partIn the last part, the author discusses the intellectual property rightsinvestment's the property rights shift question. The article thought that the investmentby the intellectual property rights, must go through the property rights shift formalities legally, otherwise one has not had the right shifting in the law, but thedifferent intellectual property rights has the different right shifting's procedure.
Keywords/Search Tags:Intellectual property rights investment, Law economic analysis, Special moral character, Special rules and regulations
PDF Full Text Request
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