when it comes to investing in shares, the first thing that comes to mind is "finding a financier to pay". In fact, there are many ways to invest in shares, besides direct investment in the impression of ordinary people, there are also tangible assets, real estate and so on, and they are all allowed by law. Speaking of investing in shares, the first thing that most people think of is "finding a gold owner to pay". In fact, there are many ways to invest in shares, besides direct investment in the impression of ordinary people, there are also tangible assets, real estate and so on, and they are all allowed by law. According to the Company Law, shareholders can make capital contributions in cash or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law. It can be seen that intellectual property is also a kind of property right, so it can be invested as an intangible asset. Then the question is coming. If you hold intellectual property rights and want to buy shares in other people's companies or start a company with others as a capital contribution, how should you operate? Let's take trademark rights as an example to discuss the issue of intellectual property rights: can trademark rights be invested? Article 27 of the Company Law stipulates that: shareholders can make capital contributions in cash, or they can make capital contributions in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in money and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations. As a kind of intellectual property, trademark right can naturally be used as capital contribution. However, it should be noted that the second paragraph of this law also stipulates that the non-monetary property as capital contribution should be evaluated and verified, and the price should not be overestimated or underestimated. Where laws and administrative regulations provide for evaluation and pricing, such provisions shall prevail. In other words, the trademark registrant needs to find an evaluation agency to evaluate the value of the trademark before he can buy shares at the evaluated value. According to the relevant laws and regulations, there are two situations for trademark rights to invest in shares: first, trademark ownership shares; The second is the right to use the trademark. What is the difference between the two modes of capital contribution? 1. The content of the transferred rights is different. The trademark ownership is invested, and the trademark right is transferred. The trademark registrant transfers the trademark ownership to the invested enterprise, and the registrant no longer enjoys the trademark right. The right to use the trademark is invested, and the right to use the trademark is transferred. Under normal circumstances, the registered trademark is exclusively licensed for shares, and the registered trademark is licensed to the invested enterprise only by signing a long-term trademark exclusive license contract with the invested enterprise. The registered trademark is not allowed to be used by the registered trademark according to the agreement, but the registered trademark still enjoys other rights although it does not enjoy the right to use the trademark. 2. Different capital contribution procedures The two capital contribution methods need to be carried out after the trademark registrant and the invested enterprise reach an agreement, and the trademark right or exclusive use license of the trademark registrant should be included in the registered capital. Registered capital, also called legal capital, is the amount of capital subscribed by all shareholders or promoters as stipulated in the articles of association of a company-based enterprise, and is registered in the company registration authority according to law. Therefore, according to the capital contribution procedure, the trademark registrant needs to apply to the Trademark Office to transfer the trademark right to the invested enterprise. After being approved by the Trademark Office, the trademark right belongs to the invested enterprise from the date of announcement, which means that the registrant has completed the capital contribution. When the investment is made with the right to use the trademark, the registrant and the invested enterprise sign an exclusive license agreement for the use of the trademark, so it is necessary to file the agreement with the Trademark Office. 3. When the investment is made with trademark rights, the trademark registrant needs to transfer the trademark ownership to the invested enterprise, so if the cooperation fails, the registrant may not be able to get back the trademark right of the trademark. When the investment is made with the right to use the trademark, even if the cooperation fails, the trademark registrant still owns the trademark right, and the registrant can still regain the right to use it when the exclusive license time comes. In this case, the risks borne by the trademark registrant. It will be much smaller, and correspondingly, the allowed investment enterprises bear most of the risks. Because in this case, the trademark registrant only undertakes contractual obligations, and can withdraw at any time in case of cooperation problems, but at the same time, the new company established by cooperation will be unsustainable without the trademark right permitted by the registrant, and the capital chain of the invested enterprise may face great risks. In addition, in the event of a dispute over the rights and interests of using a trademark as an investment license, the equity dispute between the trademark registrant and the invested enterprise should be resolved first. Only when one party continues to use the trademark originally used as an investment after the trademark is divested can the trademark infringement liability be investigated. What are the risks of trademark rights investment? There is no problem in legislation and practice to invest with trademark right, but whether it can be invested with exclusive license of trademark is still controversial: 1. There are problems in the legal definition of trademark use right "transfer". According to the legal theory of civil and commercial law such as China's Company Law, the transfer of property right can not only refer to the transfer of ownership, but also include the separate transfer of possession, use, income and disposal rights. However, in the Trademark Law and other intellectual property laws, the "transfer" of rights refers to the transfer of ownership. That is to say, from the legislative expression of the intellectual property law, the intellectual property investment stipulated in the Company Law can only be the ownership of intellectual property rights, but not the right to use it, because only the ownership can be said to be "transfer" and the right to use can only be said to be "license". 2. The exclusive use of trademarks is not conducive to the development and protection of trademarks. As there is no trademark ownership, the new company established in cooperation will only consider short-term benefits, not long-term benefits, and will not invest too much money in trademark promotion and protection. However, after the exclusive use license agreement is reached, trademark registrants will often not actively promote and protect trademarks because they cannot use them within a certain period of time, which is obviously very unfavorable to the growth of trademarks themselves. In a word, there is no problem in theory to invest in the right to use trademarks, which is a common behavior in foreign markets, and there is no lack of such demand in our market at present. However, as far as the current situation in China is concerned, the main obstacles to the investment by trademark use right are the imperfect legal system and the uncoordinated regulations among legal departments. If the problems in the system are solved, and the regular evaluation, capital maintenance and supplement, trademark development and other issues are made mature, then the contribution of trademark use right can be regarded as an economic and flexible financing way, which is of great significance to solving the financing problems of many small and medium-sized enterprises in China. Disclaimer: 1. Some texts and pictures in the article come from the network. If you have any questions, please contact us in time. 2. Due to the need of editing, there is no necessary connection between words and pictures, which is for reference only. All articles, pictures, audio and video files and other materials involved in reprinting are copyrighted by the copyright owner. 3. If the content of this article unintentionally infringes the intellectual property rights of the media or individuals, please contact us to delete it immediately.