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학술논문회생법학2024.12 발행

Problems and Optimization of Intellectual Property Treatment in Chinese Enterprise Bankruptcy

Problems and Optimization of Intellectual Property Treatment in Chinese Enterprise Bankruptcy

黄杰(西南政法大学民商法学院)

29호, 313~341쪽

초록

Intellectual property, as the core competitiveness of current enterprise development, have enormous economic value. However, due to the characteristics of intellectual property, the differences between intellectual property law and bankruptcy law, and the lack of attention paid to intellectual property by some Chinese enterprises, there are problems with the treatment of intellectual property in bankruptcy proceedings of Chinese enterprises, such as unclear definition of the scope of intellectual property, improper handling of intellectual property contracts, unclear evaluation of the value of intellectual property, and insufficient realization of the value of intellectual property. Therefore, after drawing on the experience of countries such as the United States, the Netherlands and Japan, the treatment of intellectual property in bankruptcy proceeding in China should be improved, in terms of improving the bankruptcy system, enhancing the awareness of enterprises on intellectual property protection, and the asset acceptance, asset management and asset valuation transformation of intellectual property.

Abstract

Intellectual property, as the core competitiveness of current enterprise development, have enormous economic value. However, due to the characteristics of intellectual property, the differences between intellectual property law and bankruptcy law, and the lack of attention paid to intellectual property by some Chinese enterprises, there are problems with the treatment of intellectual property in bankruptcy proceedings of Chinese enterprises, such as unclear definition of the scope of intellectual property, improper handling of intellectual property contracts, unclear evaluation of the value of intellectual property, and insufficient realization of the value of intellectual property. Therefore, after drawing on the experience of countries such as the United States, the Netherlands and Japan, the treatment of intellectual property in bankruptcy proceeding in China should be improved, in terms of improving the bankruptcy system, enhancing the awareness of enterprises on intellectual property protection, and the asset acceptance, asset management and asset valuation transformation of intellectual property.

발행기관:
한국채무자회생법학회
DOI:
http://dx.doi.org/10.51617/karbl.2024.29.313
분류:
법학

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