Study On Some Problems Of Subject And Object In Incorporation Intellectual Property Investment

With the advence of knowledge economy era, intellectual property rights can create more wealth for the state and enterprises. Intellectual property rights contribute more to the global GDP. The intellectual property investment, is the intellectual property rights as a kind of special property rights, together with the money, practice, land use right and other relative type of property rights, to become the enterprise investment means, its essence is the process of capitalization of intellectual property. Based on the characteristics of the intellectual property itself, when the company is established, the intellectual property investment, will encounter many problems, the company can get great help from it,at the same time, it also brings the corresponding risk. For example, the intangible assets have value, based on difficult to assess due to impairment of intellectual property has the registered capital of the company from the reality of the problem. It is because of the intellectual property investment’s many uncertainties and risks, we need a more in-depth study and analysis on it, and from the legal point of regulation and supervision, so as to reduce the operation risk of intellectual property investment.This paper uses comparative research, logical analysis, literature analysis, practical analysis, to explore the process of establishment of the company’s intellectual property investment, this problem from the angle of the subject and the object of research, the practical problems, and puts forward corresponding suggestions to improve the. The emphasis on the process of establishment of the company’s intellectual property investment, one is because of the important role played in all types of business of the company, on the other hand is the hope of more focused. In addition to the full text of the introduction and the conclusion, is divided into four parts:The first part is the establishment of the subject object problem in the process of intellectual property investment facing the company. The current legal system, the provisions concerning the subject object problem when the company set up the intellectual property investment briefly expounds. Analysis and discussion leads to the following.The second part is about the establishing period of capitalization of intellectual property subject."Company law" and no special provisions, the sponsor civil subject types of the corresponding provisions. Generally, natural persons, legal persons and other organizations, may invest to establish a limited liability company and Limited by Share Ltd. The three kinds of civil subject, during the establishment of the company, with the knowledge property investment, some problems exist in reality. In this part, the analysis of these three kinds of legal subject in the process of establishment of the company, possibly contributed to the intellectual property problems.The third part is the problem of the object of intellectual property investment company set up in. First of all, the company law on intellectual property rights to the company design contribution. The provisions of the2014new "company law","the shareholders may make capital contributions in currency, pricing of non monetary property can be used in kind, intellectual property right, land use right can be evaluated in currency and may be transferred according to law, investment; however, the provisions of the laws, administrative rules and regulations shall not except as investment property. The non monetary properties as capital contributions shall be assessed, verified, and shall not be overvalued or undervalued. Laws, administrative regulation provides otherwise, from its provisions". That the western classical economics theory, the company’s purpose was to maximize profit. Therefore, those who create assets for the company, can become the object of investment company set up. Secondly, not all intellectual property rights are suitable to become the capital of the object. Different intellectual property, because of the unique properties of its own, is not suitable for the company. This part of the analysis of various types of intellectual property are analyzed, to find out the suitable for contribution of intellectual property rights.The fourth part is to perfect the subject and the object problem of intellectual property investment. Through the three part of the front, we have a deeper understanding on the establishment of subject and object problems in the process of intellectual property investment. On this basis, this paper will try to put forward some suggestions.