Ofo was chased by 250 million. What about intellectual property if the company goes bankrupt?

Ofo was chased by 250 million. What about intellectual property if the company goes bankrupt? The problem of ofo refunding the deposit has long been raging on the Internet. Up to now, there are still millions of users waiting for ofo to refund the deposit. There are also offline refunds and people who feel that the refund is hopeless.

Recently, according to an enforcement ruling, the main operator of ofo, Dongxia Datong (Beijing) Management Consulting Co., Ltd., had a contract dispute with Tianjin Fujita Bicycle Industry Co., Ltd., and the enforcement target was RMB 24,98210,023.90. However, in the process of filing the case for execution, the court found that the person subjected to execution had no property.

What about intellectual property if the company goes bankrupt?

According to the relevant provisions of the bankruptcy law, intellectual property rights should be handled according to the following procedures:

1. The intellectual property rights of bankrupt enterprises should be managed by managers;

2. The administrator shall formulate a scheme for dealing with intellectual property rights at a different price, such as the scheme for selling or auctioning intellectual property rights. If the scheme is passed by the creditors' meeting according to law, it can also be handled by agreement transfer, and it is a safer way to hire a professional appraisal agency to evaluate the value.

3. Submit the above price change plan to the creditors' meeting for discussion and adoption;

4. Implement procedures such as auction or agreement transfer (assist in handling relevant procedures of change and transfer);

5. The proceeds shall be treated in the order of liquidation of bankruptcy property.

Legal tip:

When a company enters the bankruptcy liquidation procedure, the value of intellectual property rights will generally drop sharply.

Generally, there are several factors that affect the value of intellectual property: background, time and environment.

Therefore, it is suggested that the following principles should be followed when dealing with intellectual property rights when the company enters bankruptcy liquidation:

1, takes precedence (intellectual property rights take precedence as soon as possible)

1. Industry priority (sold to enterprises with competitive advantages in the industry)

2. Overall packaging (trademarks, patents and other intellectual property rights constitute the right bundle of enterprise intellectual property rights, and the overall value of the right bundle is greater than the sum of individual rights)

For bankrupt enterprises, Biaomei suggested that the registered trademark with brand value should be evaluated effectively first, and the registered trademark should be evaluated in all directions and aspects through professional intellectual property services, and then the registered trademark right should be transferred by sale or auction to maximize the trademark value.