Research On The Legal Issues Of Shareholders' Contribution To Intellectual Property Rights In China

With the acceleration of economic globalization and the continuous progress of science and technology,intellectual property,as a factor of production,has undoubtedly become one of the most dynamic factors in the operation and production activities of enterprises.Especially at the moment when the country is vigorously developing the brand economy,the capitalization process of intellectual property is increasingly concerned by all parties in society.Intellectual property investment refers to the way in which the owner of intellectual property takes the qualified intellectual property as the target investment in the company and thus obtains the qualification of shareholders or receives the agreed income.Intellectual property investment has two sides.Although it can improve the market competitiveness of enterprises,it also has the characteristics of value evaluation such as uncertainty,which makes its investment more complex than traditional tangible property investment and higher risks in transactions.Should be paid to the subject matter of intellectual property rights,the eligibility of the investment item sexual problems should be first consider the factors,which means we need to review whether the intellectual property rights have the statutory capital contribution conditions,requires companies to registration process at the same time,the need to evaluate the value of intellectual property investment,to evaluate its core values,to prevent its interests damage may be produced in the process of investment,reduce the risk of possible.This paper takes the intellectual property investment and risk of shareholders in the company registration as the research topic,mainly USES the method of comparative analysis and case analysis,synthesizes the relevant provisions of the company law,and on this basis combines the relevant provisions of the intellectual property law to discuss the topic.This paper is carried out from five aspects.The first part is the introduction,which briefly describes the background and significance of the topic selection,analyzes the contentof the shareholders' intellectual property investment in the newly revised company law,and makes a brief review of the literature research at home and abroad.The second part expounds the basic jurisprudence of intellectual property investment and the content of intellectual property investment in the newly revised company law.The third part elaborated the intellectual property system defects and the risk of the investment in the country for evaluation,this article mainly from the shareholder investment subject and object of the review of intellectual property and the mode is not clear,the intellectual property value assessment system is not perfect,intellectual property contribution unclear publicity system these three aspects in this paper,the specific intellectual property contribution shareholders risk problem;The fourth part is the discussion and reference of foreign intellectual property investment.It starts from the two perspectives of Anglo-American law system and civil law system.It mainly studies the subject and object provisions of intellectual property investment and the evaluation methods of intellectual property from relevant countries.The fifth part is the reflection on the improvement of the intellectual property investment system and risk prevention.This paper puts forward the following Suggestions: 1.The second is to improve the intellectual property investment contract that stipulates the subject matter of investment and related responsibilities;Third,the establishment of a sound intellectual property rights publicity system;Fourth,improve the intellectual property value evaluation system;Fifth,enterprises themselves improve the management of intellectual property investment.