In recent times, during the enterprise restructuring and registration work, it has been found that many enterprises only focus on the evaluation and conversion of tangible assets such as factories, equipment, raw materials, etc. in the process of asset verification and property rights definition, but do not The property rights of intangible assets (such as trademark rights and name rights) are under-rated, omitted or even not rated, which to a certain extent results in the loss of assets. This phenomenon must attract the attention of enterprises and relevant competent authorities. At present, enterprises should mainly prevent the loss of the following types of intangible property rights:
-----Beware of the loss of trademark rights. Trademark rights are the rights enjoyed by trademark registrants in terms of use, transfer, and licensing of their trademarks that have been approved and registered by the National Trademark Office. The trademark registrant enjoys it not as a direct possession of material wealth, but as a right in a non-material form. In modern market competition, trademarks are also symbols of corporate quality, corporate culture, corporate spirit, and corporate competitiveness. As a kind of industrial property right, trademark right itself is an integral part of the registrant's assets. Article 24 of the "Company Law" stipulates: Shareholders may make capital contributions in currency, or they may make capital contributions in terms of real rights, industrial property rights, non-professional technology, and land use rights.
-----Beware of the loss of patent rights. Patent rights refer to the exclusive rights enjoyed by patentees over their disclosed inventions and creations within the validity period stipulated by law. According to the provisions of the Patent Law, for service inventions and creations that are performed to perform the tasks of the unit or are mainly completed by utilizing the material conditions of the unit, the right to apply for a patent belongs to the unit. Patent rights are a type of industrial property rights and are special property rights that also have value and use value. In addition to implementing the patent themselves, patentees can also achieve economic benefits through paid transfer of patent rights, paid licensing of others to implement, etc.
-----Beware of the loss of corporate name rights. Enterprise name rights refer to the rights that an enterprise enjoys within the prescribed scope to own, use, and transfer its enterprise name that has been approved and registered by the industrial and commercial administration authorities in accordance with the law, and to apply for administrative protection when its exclusive right to name is illegally infringed upon. and the right to judicial protection. In market transactions, the name of a company is not only a mark that distinguishes the source of goods or services, but also carries many production and operation information such as an operator's management level, credit status, and market competitiveness. Article 10 of the "Regulations on the Registration and Management of Enterprise Legal Persons" stipulates: The name of an enterprise applied for registration by an enterprise legal person shall be approved by the registration authority. After approval and registration, it shall enjoy exclusive rights within the prescribed scope. The right to name a company is the intangible wealth of the company. It is one of the most basic rights granted to the company by the law. It is not only the premise and basis for the exercise of other civil rights (such as production and business activities), but also once infringed by others (such as misappropriation, counterfeiting, unauthorized use, etc.) use, etc.), you can apply for administrative protection from the industrial and commercial administration authorities in accordance with the law, or you can directly file a civil lawsuit with the People's Court, apply for judicial protection, and request that the infringer be ordered to stop the infringement, eliminate the impact, apologize, and compensate for losses, thereby converting it into a creditor's right.
-----Beware of the loss of business reputation. The right of commercial reputation is a commercial expression of the reputation and honor rights of corporate personality. Business reputation is formed through the unremitting development of operators' participation in market competition. It is a right enjoyed by operators that is inseparable from themselves and closely related to property rights. It is the evaluation by society or others based on the quality of its production, operation, and services. A good business reputation will create a good external environment for enterprises to engage in market transactions, form an attractive force of habit, and put operators in a favorable position in competition.
-----Beware of the loss of trade secret rights. According to Article 10 of the (Anti-Unfair Competition Law): Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and the right holder has taken confidentiality measures. The technical information and operating information include information such as design procedures, technical secrets, product formulas, production processes, production methods, management know-how, customer lists, supply information, production and marketing strategies, base bids in tenders and bid documents, etc. Trade secrets are obtained by the right holder investing a certain amount of time, money and energy, and they have actual or potential economic value to the owner.
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