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On The Legal Risk Prevention For Technology Investment In China

Posted on:2010-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y JiaFull Text:PDF
GTID:2166360275995559Subject:Law
Abstract/Summary:PDF Full Text Request
According to the stipulations of Chinese Corporation Law, the sharehoder may make capital contribution in cash, tangible goods, intellectual property rights and land-use rights.Technology investment is one way of using technology property rights and is part of the above contribution forms. However, the technology is not the objective existence of physical, to discover its true value is absolutely more difficult, and the evaluation is too low or too high will cause a variety of disputes .As one special investment way , technology investment has its own unique nature such as inherent confidentiality, the value drastic change and so on , which allows it to have some special legal risks besides the risks that non-cash contribution may have.In order to create a good operating environment and promote the technology investment, and to maximize the value of the realization of technology, it is necessary for us to establish a comprehensive system of risk aversion, which take precautions against the risks and limit the possible risks to as small as possible .The introdution of this article introduces the practical significance for researching the legal risk prevention of technology investment.The first section analysises the potential of our technology investment risks ,defines the technology investment and its legal nature from the technical scope and the characteristic, and clears its legal conditions and analysises the legal risks,which include the risks of inherent and the value changing. The second section cites relevant cases and laws to analysis the problems faced by risk prevention , which includ the contradictory of the object, the publicity is not clear ,the value assessment is defective and the legal responsibility in prescription is not clear . The third section is the main part in this article, tells us how to solve the problem , and puts forward prevention measures based on the above analysis.There are four aspects mainly: scrutining the subject and object strictly;concluding a contract with complete terms ; perfecting relevant rules and strenging the responsibility of the parties. In addition, proposing new ideas for against legal risks ,which includ the establishment of pre-funded technology transfer ownership of the expert review process and limiting the right before reaching the expectations for the non-patent technology, which standardize the technology investment and lower its legal risk.
Keywords/Search Tags:technology, technology investment, legal risk, risk prevention
PDF Full Text Request
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