A Research On Legal Issues Of China’s Trademark Right Contribution

With the rapid development of economic globalization, there are more choices and ways for both the realization of trademark rights value and shareholders capital contribution system. The capital contribution system of trademark rights, which plays a huge role in promoting the development of economy, has become an important topic across the two fields of trademark law and company law. However, the current capital contribution system of trademark rights of China is imperfect, which goes against the full realization of trademark value. This essay is trying to construct a more reasonable capital contribution system of trademark rights by analyzing the feasibility, advantages and disadvantages of the regulations of China’s current capital contribution system of trademark rights and making some selections among other countries’ regulations according to China’s national situation.Starting from the theoretical issues of capital contribution of trademark rights, the first part of this paper lay the foundation for the construction of capital contribution system of trademark rights by analyzing the eligibility of trademark rights contribution on base of current law regulation and physical contribution system. The key point to construct capital contribution system of trademark rights is the way of trademark rights contribution and the methods and modes to evaluate trademark rights contribution.As China’s related legal regulations are blank or vague and mainly mandatory national intervene, this paper made a point that the construction of capital contribution system of trademark rights should follow the principle of autonomy of will first, endow commercial subjects with freedom to choose, such as adding more methods of trademark rights capital contribution, juxtaposing the capital contribution of rights to use trademark with ownership capital contribution, gradually relaxing the application of game evaluation pattern.In the paragraph of legislative proposal, this paper gave detailed conception and ideas of the newly added methods of trademark rights capital contribution and game evaluation pattern. Under the premise of ensuring free choice of both parties, protect other rights holders’ interests by detailing restrictive provision, improving preventive risk system, making responsibility investigation clear, et al, as to realize interest balance and interest maximization and make trademark rights capital contribution system play the due role.