The Legal Study On The System Of Intellectual Property Investment

With the knowledge economy developing in the world, China’s intellectual property strategy has carried out gradually. The core competitiveness of the enterprise is turning to have the competition of intellectual property rights, and it has become an important factor of enterprise capital appreciation. As an important form of capitalization of intellectual property investment, intellectual property rights are more and more considered as the key to the development of new science and technology enterprises. China’s newly revised from company law and intellectual property law or other relevant laws, even showing intellectual property contribution freely develops, such as the form, proportion, subject matter and good trend of liberalization and market. But, there still have some intellectual property investment specific legal problems. To reduce the transaction cost and control the intellectual property investment risk in order to avoid bad factor of influence and promotion is necessary economic innovation through the analysis.This paper takes the intellectual property investment theory, analysis of the legal issues, recommendations to improve as the logical order and divides into five chapters. The first chapter, related theories of intellectual property investment. Explains the concept, including the scope of intellectual property and legal characteristics, the development situation at home and abroad and their contributions and meaning. Discussing the problems of intellectual property investment in a narrow sense. The second chapter, the intellectual property investment suitability. Mainly researches on the suitability of the main body of investment, the investment form, suitability of the demonstration of specific intellectual property copyright and trademark right main body of investment as well as the use of investment way to transfer and license rationality. The third chapter, the proportion of intellectual property investment problem. Discussion on legitimacy of intellectual property investment proportion limitation, legal risk investment proportion of liberalization of the intellectual property rights still exist. The fourth chapter, the problem of value evaluation of intellectual property investment. By comparing with foreign to analyze the shortage value evaluation of intellectual property right of our country to make contribution, on the legal problems of evaluating the investment value of China’s patent rights, trademark rights and copyrights. The fifth chapter, to improve the system ofintellectual property investment advice. Through the explicit consideration factors of intellectual property investment proportion, company internal assessment regulations mainly supplemented by external evaluation. Also, the establishment of social credit rating market and clear responsibility regulation to prevent, reduce or avoid legal risks is necessary.In this paper, attention to analysis from the company law and intellectual property related new revision law of intellectual property investment. Including studying on the legal problems of promoting intellectual property investors pay attention to proper subject, the factor of company contribute proportion of capital contribution of stakeholders, reasonably priced by assessment, rational investment of intellectual property rights and the construction of the integrity of the intellectual property rights market for enterprises in the knowledge economy. Therefore, try to clear the way for the smooth development of intellectual property economy.