The Research On The Protection Mechanism Of The Well-known Mark In Cross-border Mergers And Acquisitions

In the 1980 s, China began to reform and opening up, introducing a number of policies and measures to attract foreign investment. With attracting foreign investment in the domestic market, China made the dramatic growth on economy, becoming the fastest-growing developing countries. And it also received more attention from the international community and investors. As the 21 st century after the country joins the WTO, it has gradually become the second largest economic entity in the world. The strong market potential continues to attract foreign investors to invest in our country. In the recent decade, the case of foreign-funded enterprises merging the companies in China has been more common. And the cross-border M&A, replacing the foreign direct investment, has gradually become the most important way of foreign investment.Meanwhile, China’s rapid economic growth drives the domestic companies continue to move forward, a lot of well-known companies, industry leading enterprises have appeared. These enterprises have gradually become the mainstay of our economy industry, getting more and more people familiar with them, occupying a large market share. At the same time, the trademarks of these enterprises are constantly left a deep imprint in the heart of people. And the trademarks gradually has the nature of well-known mark. Today, the intangible assets represented by the intellectual property continue to take more attention. The well-known mark have long exceeded its original identity attributes, possessing greater commercial value. It is the competitive weapon which could bring companies a huge market and economic interests. Trademark, as the basis for the enterprise to live on, is one of the important safeguards for enterprises to survive in the fierce international competition. It also, to some extent, represents the level of development of a country. Therefore, protecting the well-known mark has significance for companies and countries.Recalling the course of cross-border M&A in our country, a large number of well-known mark disappeared, it has brought more attention from people. Many well-known marks are controlled by foreign enterprises in the cross-border mergers and acquisitions. Basing on such phenomenon, there is practical significance and necessity to take effective protection of well-known mark in cross-border mergers and acquisitions. Therefore, how to establish a protection mechanism of well known mark in cross-border mergers and acquisitions is worth to take a deep discussion and research.In this issue, the writer analyzes the internal motivation of M&A beginning from the concept and characteristics of cross-border mergers and acquisitions, and analyzes the impact it would cause on the well-known mark. And analyzing the concept, features and special values of well-known mark give the necessity to protect the well-known mark in cross-border mergers and acquisitions. At the same time, through comparative study on a few typical developed countries, combined with China’s actual cases, the writer hopes integrate the advanced experience of these countries with the realities of our country. Then writer tries to make some relevant recommendations to help our country build systematic protection mechanism of well-known mark in cross-border mergers and acquisitions. In addition to forward and conclusions, this paper includes four chapters.In the first chapter, it is an overview of protection mechanisms of mark in cross-border mergers and acquisitions. It mainly discuss on mergers and acquisitions, the concept and the nature of cross-border mergers and acquisitions, with reference to the domestic and international perspectives for these concepts and theories. Analyzing concept and specific value of well-known mark in order to prove the theoretical significance in protection of well-known mark. Discussing the impact on well-known mark from cross-border mergers and acquisitions in order to prove the urgency to protect well-known mark.In the second chapter, writer tries to point out the merits and deficiency on State’s legislative, administrative policies and self-protection of enterprises by analyzing some typical M&A cases in China.In the third chapter, there is comparative analysis on several countries, analyzing the advantages on antitrust, the national security review, guidance by policy, self-protection by enterprises in the process of cross-border mergers and acquisitions. Based upon this, considering the realistic problems of our country, trying to apply some experiences to the measure on protection of well-known mark in our country.In the forth chapter, at first it discusses the deficiency on State’s legislative on the protection of well-known mark. Then it analyzes the feasibility to implement the protection mechanism of well-known mark in cross-border mergers and acquisitions, in such way it could make some appropriate recommendations.Finally, the summary of this issue is written in the last paragraph.