Study On Legal Regulation Of The Capital Contribution From Non-patented Technology

The essence of the capital contribution from non-patented technologyis the capitalization and marketization of operating non-patentedtechnology. Disputes about the constitutive requirements, the types and theextent of non-patented technology yet exist in our country, and theproblems of legally regulating the procedural elements of capitalcontribution is not really clear, which stand in the way of furtherdevelopment of the capital contribution from non-patented technology andeasily cause relative disputes. This thesis points out the legislativeinadequacy and some practical problems of the capital contribution fromnon-patented technology, hoping to encourage and guide the operation ofthe capital contribution from non-patented technology in our country withstudies on the constitutive requirements and advices on improving the legalregulation.This thesis consists of three parts: the introduction, the main body andthe conclusion.The introduction discusses the choice of this subject and its realisticsignificance.The main body includes four sections.Section1analyzes the theoretical basis of the non-patented technology.Related conceptions in the laws and regulations are used, which reveals thedisorder of the legislation in our country. Foreign theoretical studies are discussed and for reference in the following analysis. Meanwhile, thissection introduces the essential requirements on the constitutive elements inthe former legislation, and considers the subject, the object and theprocedure as important aspects. Most of all, the constitutive requirementsof the object shall be considered from the following aspects: Practicability,Value, Confidentiality, Ownership and Prohibition of law.Section2mainly analyzes the necessity and rationality of improvingthe legal system related to the capital contribution from non-patentedtechnology, which is in accordance with the transition of the function ofcompany capital, the capitalization process of modern enterprise, the needof both the character of personal joint and the living conditions for thenon-patented technology, and the variation trend of the risk bearingmechanism.Section3studies the legislation and practical problems of the capitalcontribution from non-patented technology, such as the dispute about theextent of the non-patented technology, the defect in the process of capitalverification and the practical difficulties in the private remedy of the owner.Section4gives advices for improving the legal system of thenon-patented technology. By learning from foreign legislation, we thinkthat the improvement shall be started from four points: regulating theregistration of the capital contribution from non-patented technology;establishing the abnormal set-up matters; modifying and improving theprocess of capital verification; enhancing the legal regulating on conductsharming the capital contribution from non-patented technology.The final part of this thesis is a conclusion, which generalizes theviews in this thesis.