知识产权出资的法律规制及立法建议探究
发布时间：2019-06-11 20:59
【摘要】：经济全球化的发展趋势,使得知识经济的特征日益凸显,作为当代社会中企业最具有活力的生产要素之一,知识产权本身也已成为一种重要的投资方式。以知识产权出资是指知识产权的拥有者以知识产权作价,用于对公司的出资,出资人因此取得公司相应的份额的股权,从而成为公司的股东。 以知识产权出资是知识产权运用的重要内容之一,但我国对知识产权出资问题的研究尚不深入,法律对此问题的规定也远不够清晰和完备,理论和实践上均有待发展。本文在借鉴国外有关法律制度的基础上,结合我国的具体实践和立法现状,为优化设计我国相关制度献言献策。 第一章重点着眼于将知识产权与传统财产权的基本原则进行比较,进而总结了知识产权对于一般财产权原则的继承和突破,形成了本文的主要行文线索。这是全文的理论基础和结构依据,正是这种继承和突破决定了知识产权用于出资的可能性以及研究的必要性。 第二章重点研究知识产权出资客体的问题,从公司法的角度探讨知识产权出资与其他财产出资具有哪些不同之处,即知识产权作为出资客体的适格性;而从知识产权法的角度则探讨了具有适格性的知识产权在出资时应特别注意之处,即一些特别知识产权或与知识产权相关的权利能否成为出资的客体等。 第三章重点研究知识产权出资主体的问题,从公司法的角度探讨知识产权出资的主体应当具备的一般条件,即公司法意义上能够出资的主体条件,这些条件同样适用于知识产权出资的主体;而从知识产权法的角度则探讨了一些具备出资资格的特殊知识产权权利主体在出资时的主体认定问题。 第四章重点研究知识产权出资方式的问题,从公司法的角度探讨以知识产权出资能够采用的方式,包括转让所有权或者许可使用权等;而从知识产权法的角度则探讨了这些知识产权在出资时应当注意的问题,主要是出资的估值方法,以及影响各类工业产权、著作权价值评估的因素等。 第五章重点研究我国知识产权出资以及立法的现状,包括公司法关于出资的立法现状以及知识产权法的立法现状;同时,针对我国在知识产权出资领域的司法实践中出现的问题,提出解决的思路和相关立法建议。
[Abstract]:With the development trend of economic globalization, the characteristics of knowledge economy are becoming more and more prominent. As one of the most dynamic factors of production in contemporary society, intellectual property itself has become an important way of investment. Intellectual property contribution refers to the owner of intellectual property rights, which is used to contribute to the company, so that the investor obtains the corresponding share of the company, thus becoming the shareholders of the company. Intellectual property contribution is one of the important contents in the application of intellectual property rights, but the research on intellectual property capital contribution in our country is not deep enough, and the legal provisions on this issue are far from clear and complete, and both in theory and practice need to be developed. On the basis of drawing lessons from the relevant foreign legal systems, combined with the specific practice and legislative situation of our country, this paper puts forward some suggestions for optimizing the design of the relevant systems in our country. The first chapter focuses on the comparison between intellectual property rights and the basic principles of traditional property rights, and then summarizes the inheritance and breakthrough of intellectual property rights to the general property rights principles, forming the main text clues of this paper. This is the theoretical basis and structural basis of the full text, and it is this inheritance and breakthrough that determines the possibility of intellectual property rights for capital contribution and the necessity of research. The second chapter focuses on the object of intellectual property contribution, from the perspective of company law to explore the differences between intellectual property contribution and other property investment, that is, the suitability of intellectual property as the object of investment; From the point of view of intellectual property law, this paper discusses whether some special intellectual property rights or rights related to intellectual property rights can become the object of investment, and so on, which should be paid special attention to in the capital contribution of intellectual property rights. The third chapter focuses on the problem of the subject of intellectual property contribution, and discusses the general conditions that the subject of intellectual property contribution should have from the perspective of company law, that is, the subject conditions that can contribute in the sense of company law, which are also applicable to the subject of intellectual property contribution, while from the perspective of intellectual property law, it discusses the subject identification of some special intellectual property rights subject with capital contribution qualification. The fourth chapter focuses on the way of investment in intellectual property rights, from the point of view of company law, discusses the ways that can be used in the contribution of intellectual property rights, including the transfer of ownership or licensing, etc., while from the perspective of intellectual property law, it discusses the problems that should be paid attention to in the capital contribution of these intellectual property rights, mainly the valuation methods of investment, as well as the factors that affect all kinds of industrial property rights, copyright value evaluation and so on. The fifth chapter focuses on the current situation of intellectual property contribution and legislation in our country, including the current situation of legislation on capital contribution in company law and the legislative status of intellectual property law. At the same time, in view of the problems in the judicial practice in the field of intellectual property contribution in our country, this paper puts forward some ideas and relevant legislative suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.291.91
本文编号：2497448
[Abstract]:With the development trend of economic globalization, the characteristics of knowledge economy are becoming more and more prominent. As one of the most dynamic factors of production in contemporary society, intellectual property itself has become an important way of investment. Intellectual property contribution refers to the owner of intellectual property rights, which is used to contribute to the company, so that the investor obtains the corresponding share of the company, thus becoming the shareholders of the company. Intellectual property contribution is one of the important contents in the application of intellectual property rights, but the research on intellectual property capital contribution in our country is not deep enough, and the legal provisions on this issue are far from clear and complete, and both in theory and practice need to be developed. On the basis of drawing lessons from the relevant foreign legal systems, combined with the specific practice and legislative situation of our country, this paper puts forward some suggestions for optimizing the design of the relevant systems in our country. The first chapter focuses on the comparison between intellectual property rights and the basic principles of traditional property rights, and then summarizes the inheritance and breakthrough of intellectual property rights to the general property rights principles, forming the main text clues of this paper. This is the theoretical basis and structural basis of the full text, and it is this inheritance and breakthrough that determines the possibility of intellectual property rights for capital contribution and the necessity of research. The second chapter focuses on the object of intellectual property contribution, from the perspective of company law to explore the differences between intellectual property contribution and other property investment, that is, the suitability of intellectual property as the object of investment; From the point of view of intellectual property law, this paper discusses whether some special intellectual property rights or rights related to intellectual property rights can become the object of investment, and so on, which should be paid special attention to in the capital contribution of intellectual property rights. The third chapter focuses on the problem of the subject of intellectual property contribution, and discusses the general conditions that the subject of intellectual property contribution should have from the perspective of company law, that is, the subject conditions that can contribute in the sense of company law, which are also applicable to the subject of intellectual property contribution, while from the perspective of intellectual property law, it discusses the subject identification of some special intellectual property rights subject with capital contribution qualification. The fourth chapter focuses on the way of investment in intellectual property rights, from the point of view of company law, discusses the ways that can be used in the contribution of intellectual property rights, including the transfer of ownership or licensing, etc., while from the perspective of intellectual property law, it discusses the problems that should be paid attention to in the capital contribution of these intellectual property rights, mainly the valuation methods of investment, as well as the factors that affect all kinds of industrial property rights, copyright value evaluation and so on. The fifth chapter focuses on the current situation of intellectual property contribution and legislation in our country, including the current situation of legislation on capital contribution in company law and the legislative status of intellectual property law. At the same time, in view of the problems in the judicial practice in the field of intellectual property contribution in our country, this paper puts forward some ideas and relevant legislative suggestions.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.291.91
【引证文献】
相关硕士学位论文 前2条
1 朱晓琳;知识产权出资法律问题研究[D];河北经贸大学;2013年
2 徐稼晨;论我国专利权出资制度的完善[D];上海师范大学;2013年
，本文编号：2497448
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