Study On The Legal Issue Of Intellectual Property Capitalization

With the coming of the knowledge economy, the importance of knowledge has been increasingly prominent and the intellectual property is becoming one of the important contents of a nation's soft power. In other words, as essential factor of production, intellectual property has become a enterprise or even a state's key competitiveness. Obviously, to convert the intellectual property into real productive forces has an irreplaceable role in enhancing the innovative capabilities of a enterprise or even the whole nation."Intellectual Property Capitalization"studied in this paper, which means that the intellectual property directly involves in the activities of production and business as a production factor, and that it can increase the value as a quantifiable capital, makes the commercialization of intellectual labor by legislation possible.Based on the status quo of China's intellectual property capitalization, the paper elaborated the three legal forms of the intellectual property capitalization in detail——Intellectual Property Investment, Intellectual Property Pledge, and Intellectual Property Assessment. Taking the creation of legal protection system as a throughout point, the author studied the issues related to the intellectual property capitalization by the means of combing the theoretic and case analysis.Firstly, the paper introduced the concept and characteristics of intellectual property capitalization, and pointed out the related issues existing in theory and practice. Secondly, the paper draw some valuable experiences for our country in investment, pledge, and assessment of intellectual property capitalization by deeply analyzing the development history and actual state of intellectual property capitalization abroad, especially as in U.S., South Korea, Japan, and. Then, the author combed China's legal system related to the intellectual property capitalization in detail, and its achievements and shortcomings on the three aspects mentioned above were made clear. Finally, according to the shortcomings of China's existing legal system and considering China's national conditions, the author put forward the reform thinking and measures of legal system safeguards aiming at investment, pledge, and assessment of intellectual property capitalization.