Technical Intellectual Property Contribution Assessment Mechanisms and Its Perfection---Based on Ningbo GQY Assessment Report
Technical intellectual property contribution assessment is vital for that to confirm corporate qualifications,to protect the interests of shareholders and creditors,to maintain social and economic or-der.Because of the particularity of the object and purpose of the evaluation,we should seek assessment methods and evaluation procedures appropriate to it.Assessment methods should be preferred to the in-come approach,with the cost approach and market approach followed.Assessment process should focus on reviewing the state of the patent rights and technical secrets,not only to understand the production and management capacity of funders,but also the situation of the invested enterprises.At present,in the field of intellectual property contribution assessment in China,a mandatory assessment system is implemented. In practice,unlike intellectual property such as copyright,trademark,trade secret and other,there is a big disadvantage in use of mandatory assessment to technical intellectual property.For non-state-owned technical intellectual property,we may try to break the mandatory assessment requirements,to relax the qualification of assessment body appropriately,to introduce a negotiated price mechanism by the promot-ers and the board.We should establish the legal remedies and response system to untrue assessment to strengthen accountability to assessment body.To improve the intellectual property contribution assessment system,we should not only strengthen risk prevention mechanism,but also consider the facilities for en-terprises finance and to set up a small company quickly.