This thesis examines the new system of bankruptcy law in the Peoples Republic of
China.
A major issue of the thesis is the analysis of the possible links and side effects of the
upcoming bankruptcy law on intellectual property rights in China.
The fact that the Peoples Republic of China is one of the fastest growing economies
with the intention of becoming accepted as a market economy has various influences
upon the political decisions and legal developments in China and the rest of the
world.
All changes of the legal environment in China aim at increasing the faith of foreign
investors and the growth of foreign investment in China.
China continuously allows foreigners to invest in more and more business areas and
there is a wide variety of different types of investment in China.
On the one hand, companies have the possibility to invest their capital. On the other
hand, companies have the option to invest their technical knowledge. Technical
knowledge is of particular interest to Chinese partners. Because of this strong
interest, western companies are in great danger of losing their intellectual property.
The Chinese legal system meanwhile offers western companies a range of different
corporate forms. The corporate forms Wholly Foreign Owned Enterprise and joint
venture in particular are very attractive to foreign investors. Due to the large variety
of corporate forms, this thesis focuses on the involvement of foreign investors in a
joint venture.
Usually, western companies choose to invest intellectual property in the form of a
joint venture. This generates a special need for the foreign company to receive a
guarantee for their property. Foreign companies fear that a third party might use their
intellectual property and, in order to reduce this risk, they have to be very careful as
to how they invest their intellectual property in China.
The new bankruptcy law can create a new form of this well-known threat to foreign
companies who invest in the Peoples Republic of China. The aim of this thesis is to
identify some of these new risks and to attempt to find solutions to help foreign
investors reduce potential risks for their investments.
Globalisation and international investors are currently focusing on the Chinese
market. In order to understand the contemporary situation in China, it is important to
understand Chinese history and culture. Taking this into account, this thesis
summarises the historical and cultural aspects in the initial chapters.
| Identifer | oai:union.ndltd.org:ADTP/221867 |
| Date | January 2006 |
| Creators | Ubbo.neelen@gmx.net, Ubbo Peter Neelen |
| Publisher | Murdoch University |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | http://www.murdoch.edu.au/goto/CopyrightNotice, Copyright Ubbo Peter Neelen |
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