Research On The Countermeasures Of Copyright Handling In Enterprise M&A

In the current market economy,intellectual property rights are more and more important to enterprises,and it is not uncommon to see mergers and acquisitions initiated to obtain intellectual property rights of the other party.Copyright,as an important intellectual property right,also plays an important role in mergers and acquisitions,especially in some software,film,animation and online literature industries.Therefore,accurate and reasonable identification and valuation of the copyright of the acquired party becomes a very important task in M&A.The purpose of this article is to study,from the perspective of the M&As,how to identify the other party's copyright,how to deal with the special state of copyright and how to value copyright,and then to provide suggestions for enterprises to avoid legal risks and reasonably determine the costs of M&As in M&As,as well as to improve the relevant laws and regulations in China and to formulate industry norms.This paper adopts the research methods of comparative research,literature study and case analysis to study how to deal with copyright in M&A in China,mainly from the following four parts.The first part introduces the development and current status of corporate M&A,and briefly analyzes why copyright is important in corporate M&A.This part mainly adopts the method of literature research and historical data analysis,firstly,the introduction of enterprise M&A and the process of definition and emergence of M&A in our country's legal provisions are combed;secondly,the analysis of the proportion of assets of intellectual property rights in enterprises,including the changes in the types of assets and the evolution of the proportion,revealing the important position of copyright in the current enterprise property rights.The second,third and fourth parts take the process of M&A as the logic line,and analyze the copyright processing in M&A.The second part is the due diligence on the subject of the acquisition,including the validity of copyright,attribution of copyright rights and confirmation of the content of rights in the acquisition.This part is mainly based on the current legislative practice in China,and elaborates on the existence of the rights of the subject of the merger and acquisition,their ownership and the content of the rights from three perspectives,namely,the manner of disclosure,the elements and the staturory typeThe third part is a study of the treatment of copyright in mergers and acquisitions where rights have already been enforced to avoid the legal risk of possible infringement.This section mainly analyses the licensing,transfer and pledging of copyrights subject to M&A:for licensed copyrights,the contradictions between exclusive licensing and M&A are analyzed through case studies and comparative studies at home and abroad,as well as the tendency of the current rulings and opinions of courts at home and abroad,and enterprises' recommendations on M&A treatment,for transferred copyrights,the issue of duplicate transfer of copyrights is studied through legislative studies and case studies,and recommendations are made from the three dimensions of legislation,industry norms and enterprise behavior;for pledging of copyrights,the current legislative practice of copyright pledging in China is elaborated first,and the legal risks and value effects of pledging on M&A of copyrights are studied using the most common duplicate pledge as an example,and corresponding M&A recommendations are givenPart IV is a methodological study of how value is valued in copyright mergers and acquisitions.This part introduces the current mainstream copyright valuation methods and some emerging parameter model methods at home and abroad on the basis of comparing the current situation of IPR valuation at home and abroad,and then studies and elaborates how to select and use appropriate valuation methods in the specific scenario of enterprise mergers and acquisitions,and illustrates the simulation of valuation methods using computer software and film and television works as examples,and finally makes recommendations on the development of industry norms for the valuation industry based on the current status of intangible asset valuation in China.