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Study of the Protection of Chinese Non-Material State-owned Assets in International Economic and Trade

Author: LingLi
Tutor: ZhuXinRui
School: Ocean University of China
Course: International Trade
Keywords: State-owned assets Immaterial intellectual property rights
CLC: F752.7
Type: Master's thesis
Year: 2010
Downloads: 14
Quote: 0
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Abstract


State-owned assets are very important to the development of the national economy, and they are the foundation of China’s socialist market economy. In 2008, Fifth Meeting of the Eleventh National People’s Congress passed "The People’s Republic of China State-owned Assets Law". It has great significance to establishing china state-owned assets management system, making the management responsibility transparent, protecting the security of state assets and achieving the assets value-added. There are a large number of non-material state-owned assets being used and managed in reality, but the law does not make it clear how to makes the non-material state-owned assets management comprehensively enough. So China’s non-material state-owned assets are constantly lost in international trade which makes great loss to the state-owned assets.Under such background, this article studies the protection of China’s immaterial state-owned assets in international economic and trade. After defined the non-material state-owned assets, author uses the combining of theoretical and empirical research method to analyze their current situation and the public recognition.Non-material state-owned assets refer to intangible form of state-owned assets. They observe and study the non-materialized labor results from a broader level standing in a national perspective. The results must be set up by the nation or created by the people together in specific period of time. It is an important part of one country’s assets including the follows:First, the PRC’s national flag, national emblem and the currency etc; second, signs and images representing particular landmarks or carves invested by the government; third, signs of particular activities and services sponsored by the State; Fourth, the state-owned enterprises’ non-material assets formed in production, management and social life.There is no specific laws and regulations to regulate the using of non-material state-owned assets as the imperfect of the existing legal system which also results in the blanket of the management of intangible assets using, the situation of the non-material state-owned assets protection cannot be optimistic, as the dignity of National Flag National Emblem National Anthem has been challenged which catches the NPC member’s eyes; signs and images representing particular landmarks or carves are abused in daily life; the state-owned enterprises’ non-material assets are frozen、infringed and strangulated in international economic and trade which making great loss to the national assets.In order to have a basic knowledge how the public treat non-material state-owned assets, author makes a survey in Jilin, Shandong, Beijing and Yunnan provinces and has a deep survey in Qingdao. And author finds that most of the public only have a few vague understanding on this issue, they do not know how to use is benefit for all members of society. From the survey also finds that most of the public tend to agree the government should take measures on this issue.In the end, the article draws lessons from the standard use of the Panamanian flag, successful experience of Sydney and Athens Olympic games in protecting intellectual property rights and state-owned assets management experience in Singapore, and proposes four aspects to strengthening our supervision and administration on non-material state-owned assets based on the above mentioned empirical research.

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CLC: > Economic > Trade and Economic > States foreign trade > China's foreign trade > Trade relations with other countries
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