VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
----------------------------
L
NGUYEN THI PHUONG THAO
CAPITAL CONTRIBUTION TO ESTABLISH COMPANIES
BY INTELLECTUAL PROPERTY RIGHT UNDER THE
VIETNAMESE LAW NOWADAYS
Major: Economic Law
Major code: 9.38.01.07
SUMMARY OF THE DOCTORAL DISSERTATION IN LAW
Hanoi - 2021
The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Supervisor: Assoc. Prof. Dr. TRAN DINH HAO
Reviewer 1: Prof. Dr. Nguyen Thi Mo
Reviewer 2: Assoc. Prof. Dr. Nguyen Thi Thuong Huyen
Reviewer 3: Assoc. Prof. Dr. Nguyen Thi Que Anh
The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences,
Time: ………… date ………. month …… …year 2021
The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library
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INTRODUCTION
1. The necessity of the research topic
Capital plays a very important role to the existence and
development of an enterprise in order for enterprise may form and
operate. Capital is formed since enterprise establishment and as a
premise for the enterprise activities. Traditionally, assets for capital
contribution are often tangible assets such as money, factories and
machines. However, the more development society, the higher the
human needs, the people themselves are aware of the great value of
intangible assets in general and intellectual property in particular.
Despite of intangible assets, intellectual property is able to create
immense material value, a solid strength and competitive advantage
for owner. Today's intangible asset is increasingly asserting the role
as the basic factor that creates the enterprise's value and its
competitiveness in the market. Therefore, in the current period,
enterprises are paying special attention to creating intellectual
property, as well as exploiting intellectual property (IP) business
through capital contribution to establish companies by this asset.
Bringing intellectual property right (IPR) into capital contribution
has taken place for a long time and become a common thing in
developed countries. Meanwhile, in Vietnam capital contribution to
establish companies by IPR was recognized by the enterprise law
since the 1990s, but for a long time, the number of enterprises
receiving capital contribution by this asset is very little, they are
mainly foreign enterprises in Vietnam. In the past 10 years, however,
capital contribution to establish companies by IPR in Vietnam has
had positive changes. In fact, the use of IPR to establish companies is
increasingly developing. However, it is undeniable that capital
contribution to establish companies by IPR in Vietnam is also facing
many inadequacies such as difficulties of determining the legality of
capital contribution and to assess IPR. In addition, in many cases,
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individuals, organizations, businesses as well as state management
agencies are very confused when contributing capital as well as
solving problems arising from capital contribution to establish
companies by IPR. For a long time, the managers and state agencies
have struggled to find out solutions for capital contribution with the
brand “Song Da” or “Vinashin”. The settlement has sometimes fallen
into a deadlock due to the lack of legal basis for capital contribution
to establish companies by this asset.
In the context of knowledge economy, the need for capital
contribution by IPR in Vietnam is increasing. However, capital
contribution to establish companies by IPR has always legal risks for
both capital contributor and receiver. Therefore, with the distinct
characteristics of IPR, compared to other types of capital
contribution, regulations on capital contribution are general
adjustment for all unsuitable assets. Therefore, with an incomplete,
unclear and non-specific legal corridor, the subjects will face many
difficulties in capital contribution to establish companies by this asset
and face with a lot of risks. In Vietnam, capital contribution to
establish companies by IPR is concerned by many people in both
economic and legal aspects but there are not many research works
related to this issue. There are still many theoretical and practical
issues about capital contribution to establish companies by IPR that
need to further clarify to serve as the basis for capital contribution to
establish companies by this asset as well as helping state
management agencies to solve problems from this activity.
From the above analysis, the author has conducted the research
titled “Capital contribution to establish companies by intellectual
property right under the Vietnamese law nowadays” as her doctoral
dissertation in law.
2. Research purpose and tasks
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By analyzing and clarifying theoretical issues and the reality of
the law on capital contribution to establish companies by IPR, the
dissertation aims to propose solutions to improve the law and the
efficiency of law enforcement on capital contribution to establish
companies by IPR in Vietnam in the coming years.
To address the above research purpose, the dissertation has the
following tasks: First, review literature and clearly define theoretical
basis, thereby determining the issues need to further examine.
Second, it analyzes and clarifies theoretical and legal issues on capital
contribution to establish companies by IPR. Third, it seeks to analyze
and assess the reality of the law and practice of law enforcement on
capital contribution to establish companies by IPR in Vietnam
nowadays and points out the advantages, limitations and causes.
Fourth, it presents directions and solutions to improve the law and
the efficiency of law enforcement on capital contribution to establish
companies by IPR in Vietnam.
3. Research subject and scope
3.1. Research subject
The research subject of the dissertation is theoretical issues on
capital contribution to establish companies by IPR, the reality of the
law and practice of law enforcement on capital contribution to
establish companies by IPR in Vietnam, and the law of some
countries on this issue.
3.2. Research scope
In terms of content: The dissertation examines the previsions of
the law and the practice of law enforcement on capital contribution to
establish companies by IPR in Vietnam.
Spatially: the dissertation examines the reality of the law and
practice of law enforcement on capital contribution to establish
companies by IPR in Vietnam on the basis of comparing with some
countries around the world.
