海外投资中的国有无形资产流失及其法律防范

Loss of State-owned Intangible Assets in Overseas Investment and Legal Measures Against It

无形资产不仅是21世纪的入场券,而且还是21世纪国家实力竞争的武器。然而,海外投资中的国有无形资产正通过国有商标权、国有专利权、评估机制的不完善、境外企业经营管理不善等渠道大量流失。针对这一现状,文章在分析海外投资中的国有无形资产流失原因的基础上,主要从思想认识、完善立法、国际法制、管理体制、评估机制和母子公司的关系等方面提出相应的法律对策。

Intangible assets are not only a ticket to the 21st century, but also a weapon for the competition of power among nations in the 21st century. Many state-owned intangible assets, however, are draining away in the course of overseas investment, owing to the loss of state right of trademark and patent, inadequate evaluation mechanism and multinational corporations＇ mismanagement. In view of the current situation, the article, based on an analysis of the reasons for the loss of state-owned intangible assets in overseas investment, proposes some appropriate legal measures against it, including changing the traditional conception of assets, perfecting relevant laws and regulations, drawing on the international laws of protection of intangible assets, reforming administration system, improving evaluation mechanism and tightening the parent company＇s supervision over its subsidiaries.