Ofo is being sued for 250 million. If the company goes bankrupt, how should the intellectual property rights be handled? Ofo's deposit refund issue has already caused a stir on the Internet. So far, there are tens of millions of online users waiting for Ofo to refund their deposits. In addition, there are also people who are refunded offline and those who feel that there is no hope of refund and simply don't wait.

Recently, according to an enforcement ruling, ofo's operating entity Dongxia Datong (Beijing) Management Consulting Co., Ltd. was involved in a contract dispute with Tianjin Fujida Bicycle Industry Co., Ltd., and the subject of execution was RMB 249. 821,023.90 yuan. However, during the execution process, the court found that the person subject to execution had no property.

If the company goes bankrupt, how should the intellectual property be handled?

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 uniformly by the administrator;

2. The administrator shall formulate a price change plan for the treatment of intellectual property rights, such as formulating a plan for the sale or auction of intellectual property rights. According to legal provisions, if the resolution of the creditors meeting is passed, it can also be handled through agreement transfer. Among them, hiring a professional appraisal agency to evaluate the value is a safer way.

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

4. Implement procedures such as auction or agreement transfer (assist in handling changes and transfer related procedures);

5. The proceeds will be handled in accordance with the order of liquidation of the bankruptcy estate.

Legal Tip:

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

Generally, the following factors affect the value of intellectual property: background, time and environmental factors.

Therefore, it is recommended that when a company enters bankruptcy and liquidation, it should follow the following principles for handling intellectual property rights:

1. Prioritize processing (as early as possible, prioritize intellectual property rights)

1. Priority in the industry (sold to companies with competitive advantages in the industry)

2. Overall packaging (trademarks, patents and other intellectual property rights constitute the rights bundle of the enterprise’s intellectual property rights, and the overall value of the rights bundle is greater than that of a single right Total)

For bankrupt enterprises, Biaomei recommends that for registered trademarks with brand value, effective trademark valuations should be carried out first. Professional intellectual property service agencies can be used to conduct a comprehensive multi-dimensional evaluation of registered trademarks. Assess the value of the trademark, and then transfer the registered trademark rights through sale or auction to maximize the value of the trademark.