What is the scope of intellectual property that can be valued and contributed
Intellectual property rights mainly include:
① Copyright and related rights (i.e. neighboring rights); ② Trademark rights; ③ Geographical indication rights; ④ Industrial design rights; ⑤ Patent rights; ⑥ Integrated circuit layout Design; ⑦ Exclusive rights to undisclosed information (trade secret rights).
The key to confirmation lies in Article 1 of the Company Law The conditions for non-monetary property investment determined in paragraph 1 of Article 27 are the criteria for judgment, that is, first, it can be valued in currency; second, it can be transferred in accordance with the law. Only intellectual property that meets both of these investment conditions can be capitalized for investment; otherwise, investment should be prohibited. For example, certification trademarks, names of origin, etc. are not legally transferable. Therefore, the property rights in the form of these intellectual property rights cannot be used by anyone as investment in enterprises.
What issues should be paid attention to when investing in intellectual property?
1. Need to be evaluated.
According to the provisions of the new "Company Law": "Non-monetary property used for capital contribution should be evaluated and verified, and the property must not be overvalued or undervalued. ”
Although cash investment no longer requires capital verification, However, if intellectual property is used to invest, it still needs to be evaluated. For the value of intellectual property, it is not enough just to reach a consensus among shareholders. The value needs to be determined based on the evaluation report of the evaluation agency.
2. Evaluation agency.
It is not possible to find any evaluation agency to evaluate intellectual property rights.
According to relevant national regulations, intellectual property evaluation should be carried out by entrusting an asset evaluation agency approved by the financial department to be carried out in accordance with the law. Evaluation. Therefore, when entrusting an evaluation agency to evaluate intellectual property rights, you must pay attention to the qualifications of the evaluation agency.
3. Specific rights to contribute capital.
Trademarks, patents, and copyrights can all be used for investment. An enterprise's goodwill and franchise rights are sometimes considered to fall within the scope of intellectual property rights, but according to legal regulations they cannot be used as a price or capital contribution.
4. The company’s existing intellectual property rights cannot be used for Increase your own capital.
Some companies have trademarks, patents and other intellectual property rights , and they are very valuable, so I want to evaluate the value of these trademarks and patents and increase capital. But this is not allowed.
For the company's own intellectual property rights, it is not a shareholder asset. Whether it is capital contribution or capital increase, it refers to the shareholder's capital contribution or capital increase, not the company's own capital contribution or capital increase.
So, no matter how strong a company’s intellectual property rights are, It is impossible to increase capital by oneself.
According to relevant national regulations, intellectual property evaluation should be carried out in accordance with the law Entrust an asset appraisal agency established with the approval of the financial department to conduct the appraisal. Therefore, when entrusting an evaluation agency to evaluate intellectual property rights, you must pay attention to the qualifications of the evaluation agency. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
