Analysis Of Patent Funded Legal

With the advent of the era of knowledge economy, intellectual property rights now play an increasingly important role in companies. As one of the most important intellectual property rights, the patent right has gradually increased its share in the company's share of the assets. The study and exploration to regulations for the patent right funding is necessary and urgent. In this thesis, based on current laws, is trying to analyze the patent right, a particular investment form. By empploying basic principles of corporate capital system and basic theories of intellectual property law, this thesis is to systematically analyze issues such as the eligibility, proporation, risk prevention and liability of patent right investments. Methods like empirical analysis, comparative analysis are used and legislative proposal is given. This article is divided into five parts: First, the eligibility of of patent right investments. Starting from the definition of patents right investment, the legal issues of the eligibility of of patent right investments is analyzed with its subject and object. Second, the capital ratio of the patent right investment. Comparing the proportion of investment in the old and the new "Company Law", the thesis analyzes the validity and limitations in the provisions of patent right investment. It is proposed that the patent right investment restrictions on the proportion should be further released on legislative. Third, the assessment of the patent right investment. The thesis observes China's law system on the assessment of patent, right, together with assets assessment methods in economics, and compares with current assessment system of patent right investment.It is concluded that the uncertainty of the patent right investment makes the assessment more difficult than that of other makes the assessment system complex than other investments of property. To solve these problems, it is proposed that the specialized technology and assessment system should be established, thatthe investment technology should be evaluated by evaluation agencies, that the add-value or devalue of the technology after the investment should be identified and monitored, that the regulations on technological evaluation and the combination of evaluation and consultation should be legaslated. Fourth, the risk prevention of the patent right investment.By analyzing the potential risk of the patent right investment and the factors, the thesis proposes that the investors should agree on technology investment contracts, and strengthen the intellectual right investment, such as the advance publicity of the patent right and other risk prevention measures like examination and supervision. Fifth, the liability of the patent right investment. In this part, China' s "Company Law" and other related laws concerned with the liability of the patent right investment are expounded. Responsibilibies to the patent right investment caused by non-performance, investors false, delay in implementation of obligations, and bid defects of the investment are discussed. It is proposed that the responsibility of the patents right investors and investees should be further strengthened, the responsibility system should be legislated.