How to handle intellectual property investment disputes
If a dispute occurs If so, if there is a stipulation in the contract, the dispute shall be handled in accordance with the dispute resolution method stipulated in the contract. The parties may also negotiate. If this is not possible, they may apply to the arbitration committee for arbitration or file a lawsuit in the People's Court for settlement.
Intellectual property investment considerations
1. The focus of equity transfer system companies on intellectual property investment
1. The issue of intellectual property ownership
That is, whether the intellectual property used for investment belongs to the investing shareholder, with the focus on whether it is The problem of service inventions.
2. The value of intellectual property rights
Is the value of the intellectual property used for investment high? Whether the valuation and pricing are fair, leading to false investment and infringing on the interests of other investors.
3. Procedural issues regarding intellectual property investment
That is, whether the intellectual property used for investment is After evaluation and capital verification, whether it has been delivered to the enterprise for possession and use.
In addition, the issue of the proportion of intellectual property investment, that is, whether the proportion used for intellectual property investment complies with the provisions of laws and regulations, will also arouse the attention of equity transfer companies.
2. Procedural matters of intellectual property investment
1. Intellectual property evaluation
The "income method" is generally preferred for intellectual property investment evaluation. Commonly used indicators of the income method include income amount, income period and Discount rate. The amount of income refers to the future excess income directly brought by intellectual property rights. Generally speaking, evaluation using the income method is only a prediction and inevitably contains subjective bias. Therefore, the stock-to-equity transfer system often gives feedback on Require sponsors and securities firms to verify the fairness of the assessment methods and pricing, and issue legal opinions.
2. Complete property transfer procedures
For intellectual property investment, according to the Enterprise Law, property transfer procedures should be completed, that is, the ownership of the intellectual property rights must be transferred from the investor to the enterprise, and the change registration procedures must be completed.
3. Capital verification
Intellectual property investment is the same as monetary investment and physical investment, and must be completed after the investment is completed , which will be included in the paid-in capital after verification by accountants.
If a dispute occurs, if it is stipulated in the contract, it will be handled in accordance with the dispute resolution method stipulated in the contract, and both parties will also You can negotiate, but if it really doesn't work, you can apply for arbitration to the Arbitration Commission, or file a lawsuit with the People's Court. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.
