The Research On Legal Protection Of China Trademark In M&A By Foreign Capital

Since China’s reform and opening up, our country has enhanced the capital strength of domestic enterprises, expanded the enterprise scale, realized the market diversification through the use of foreign capital. Foreign investment has a positive impact on our economy. However, also causes some negative effects. Some China trademarks are ignored and weakened after M&A due to foreign investors’ abundant capital, advanced technology and management experience. Trademarks have good reputation are even crushed and vanished gradually. The loss of China trademarks has caused direct damages to our domestic enterprises’ intangible assets, affected the economic security of our domestic enterprises seriously. Therefore, it is necessary to analyze a large number of cases about M&A by foreign capital, and find out the reasons of the loss of trademarks in our country, draw lessons from foreign advanced experience of developed countries, and combine with the actual situation in our country, put forward the corresponding suggestions.The thesis is divided into three parts of the introduction, body and conclusion. The body can be divided into four parts, including:The first chapter introduces the concept of M&A by foreign capital and the characteristics of M&A by foreign capital in China. Then discusses the concept of trademark and its values, and after that, describes the different performances of the loss of China trademarks in M&A by foreign capital through the way of enumerating cases.The second chapter analyzes the reasons of China trademarks’ loss in M&A by foreign capital, summarizes the root cause of China trademarks’ loss in M&A by foreign capital from two aspects of enterprise brand strategies and legal system. From the perspective of enterprise, the reasons are mainly the foreign strong brand strategies and the insufficiency of brand strategies of China’s enterprises. From a legal point of view, the reasons are mainly manifested in the lack of legal system, imperfect of national security review and assessment of trademark legislation.The third chapter introduces experience of United States, Germany, Japan and other developed countries in protection of national trademarks in M&A by foreign capital from the national security review system, improving the legislation to the protection of domestic trademarks.On the basis of the causes that China trademarks’ loss in M&A by foreign capital, the fourth chapter draws lessons from foreign advanced practice of developed countries and combines with the actual situation in our country and puts forward concrete suggestions about protecting China trademarks in M&A by foreign capital from the perspective of enterprise itself and legal system.