Source: Law in civil law net  Professor Cai Jixiang

Today is very skillful, today one thing and our protagonist of "biography of Jobs" -- the global distribution of the world. This is not I can count the days, is really a coincidence. So today we specifically about Jobs, specifically about apple. I use a new perspective to this problem.

 

What is the intangible asset? In my opinion, the intangible assets are the intellectual property can take the cash, is based on the intellectual property property types. Recently, the Apple Corp's stock price and his intangible assets has have all kinds of connections with contact. We analyze a company, if he is not listed, how do we find his data? Only after the listing can be found. In addition, the listing of the company, will be a substantial increase in wealth. Of course, many of our system remains to be perfect. Generalization of the legal environment of China in four words, that is a long way to go. The GEM Listing depends on what? On the performance, by patent, rely on the quality of the company's own. A recent news. Now what is the most expensive? Now out of a news, tell us now Chinese, tears of a woman the most expensive. The news said, there is a companyIPOReview does not pass, the female chairman ran to the IEC, crying, tears, hair careful appoint a soft heart, listed. Last Sunday, our school held a fall forum. Discusses the recent Wenzhou boss Run away and business failure phenomenon.. Enterprises are not afraid of failure. Last year, Nortel, two years ago because the financial scandal, has been declared bankrupt by the court. Unexpectedly, the company value soaring. The first is the Google Corporation bid9Billion dollars to buy tens of thousands of patents owned. Unexpectedly, this behavior is to boycott Microsoft, apple and other six companies. Six companies at last46Billion dollar transactions. So for this kind of company, we are not afraid of him bankrupt.

 

We put back to Apple Corp. Last week19Number of Apple Corp, a case in Shenzhen intermediate people's court. Apple Corp to Proview technology toIpadTrademark, and claims400Million legal fees. But Proview technology through the media revealed that the Apple Corp designated trademark behavior. Before, the Apple Corp signed with Taiwan Proview trademark transfer contract, and all the people of Taiwan Proview not trademark. Meanwhile, South Korea's Samsung Corp sued in many parts of the world at the same time, ask whatIphone4s.

 

We look at the Apple Corp's stock price. On Thursday, the Apple Corp's stock price plunged Friday, still in the fall. Thursday, the stock market crash5.59%On the same day, while the NASDAQ index fell by only2.02%. This is because two lawsuits occurred the same day to. On Friday, the Nasdaq composite index rose1.49%While Apple shares continued to fall0.62%.

 

We find that, Apple's stock price is soaring, now the callback is completely normal. This is my theoretical arguments. The stock price and the intangible assets has a positive correlation. Stock investment is the future. In all assets, can control the future only intangible assets.

 

USA Apple Corp a year of stock prices30%. To control the domestic and foreign markets, and sit monopoly resources cash is intangible assets. The economic crisis American called, I don't think there.2008The end of the year, ten big cash America king respectively,IBM(127Yi Meijin, HP), Google, Dell, Microsoft, Oracle, apple,EMCCISCO Intel. Apple2008Years72Billion cash assets. In addition toIBMBesides, nine companies remaining are not listed on the main board, in USA gem -- the NASDAQ listed. This is the world's leading enterprises. Back then Chinese gem set, we want China small high, small Microsoft, Intel. This desire has not realized. I counted down,269Business Companies, the majority of companies have break. Microsoft after the listing, shares a year over three times. The Google Corporation is listed85Dollars, next year400Dollar. Apple Corp to three months ago, with cash assets is1040Billion dollars. Apple Corp is in the hands of intangible assets have made such great cash wealth.

 

Looking back on the past, USA Apple Corp also have many stories. The founder is Jobs, due to various reasons he was the board out of the company, this part of content, Jobs mentioned in his speech at Stanford University. Apple Corp rely on intangible assets by patent second rise. Of course, the Apple Corp's patent may not immediately create wealth, but also on the leader. As a Apple Corp, is Jobs. Because there is no income to those who had sent him away business after a period of time, the stock price plummeted, company losses.

 

Jobs left the Apple Corp foundedNEXTThe company, the company finally also put up the shutters. The company pays special attention to the hardware, is said to do computer special perfect. Jobs left Apple has a large amount of cash, have launchedNEXT, in particular irritable temper. His company's work say not clear, said no way, also say not clear content. Jobs made a huge investment, focus on hardware, software did not seize the development opportunity.

 

Jobs returned to apple in thanks to the "Toy Story" this movie. The film was produced by Pixar. The Pixar was a Hollywood director and his wife founded. After divorce, both sides bid3000Wan Meijin wanted to sell the company. The company has not made the success of the film, just a computer staff several professional, these people are especially professional. The buyer is AmericaIBMCompany, but after signing,IBMThe decision of the board of directors fired. So the deal failed. Before this, Jobs has been concerned for the company. Jobs bid500Million dollars. The company did not profit, at the same time, the director also eager to sell the company, because after the divorce, director needs to pay a fee to his wife. Therefore, as an excellent negotiation master, Jobs in the final1000Million dollar transactions. Three cast members of the company is developing human movie history -- with computer animation.

 

Start, Pixar60The second piece, called "the lamp" story. The film was a shock to all the judges of Oscar, the film is exquisite, its art, technology has been recognized by the judges. After the Pixar has made60The small tin soldier. "". At the same time, the The Walt Disney Company started Pixar and contact.90To decide, to shoot a feature film. The themes identified as toys. This process because of some reasons set aside a period of time. Some of the traditional animation producers that must be presented through the way of painting, only rely on the computer can not making way called animation. Finally, the The Walt Disney Company's decision of human conventions,95The beginning of the year, "Toy Story" was finally completed. Finally, Pixar only responsible for the production. The Walt Disney Company rely on its market resources, responsible for post and release of the film.

 

Pixar's Jobs stage a comeback of the capital. When the "Toy Story" was produced, Jobs found the huge commercial value, put forward to Pixar listed. In the meantime, Pixar in huge losses of state. Here,NEXTThe operation failed, all assets are handed over to the recycle bin. But it is said that, nowIPHONE,IPADWith the software or the originalNEXTThe company produced. MaybeNEXTTo make a transition to software, won't appear today Microsoft Corp brilliant.

 

Over the years, because "daily requirements for production and Pixar's Toy Story" of Jobs, put five thousand to $sixty million. Because the "Toy Story" unpopular, Jobs put forward the proposed listing. At that time, the global stock market doesn't allow no profit of listed companies. At that time, America Netscape Co listed exactly on the loss of state. So Jobs thinks, Netscape Co precedent gave him the chance to. At the time of financial experts to pricing12The dollar, but Jobs insisted that should be priced22Dollar. Finally, Pixar, the opening price for49The dollar. At this time Jobs Holdings70%, value15Billion dollars.

 

Since then, the number of Pixar film.1996Years, Apple Corp offered an olive branch to the Jobs. The Walt Disney Company due to its own business development, acquisition of Pixar, transaction price74Billion dollars. At this time of Jobs is the biggest individual shareholder, owns the The Walt Disney Company8%Shares. Jobs may be considered as an angel investor.

 

Because the "Toy Story" appear, decline and the Apple Corp, Jobs was brought back to the Apple Corp. Return to apple, Jobs served as interim president, annual salary1The dollar. Years later, the Apple Corp the rebound in stock prices, corporate profits, he accepted a formalCEOPosition. But still do not accept cash, only accept the shares of the company.

 

When Jobs took over, the Apple Corp launched a rich intangible assetsMAC,IPOD,IPHONE,This makes Apple's shares rose30Times. Apple Corp stock when the maximum426.7The dollar.1997The stock price is only12.7, there are said to be5The dollar.

 

President Feng Jun told reporters the patriot,IPhoneIs Chinese invention. Apple Corp had to the global collection scheme. This scheme Chinese was selected.2004In the year, Apple Corp started to develop in a highly confidential conditionsIPhoneHe is a mobile, computer. Jobs is the requirement to every detail to be the best.

 

Jobs think, everyone hates because there is no good mobile phone, mobile phone. This is the opportunity.IPADIs theIPODAfter disfiguring, the symbol of the pulley is removed, to save space for large screen. Therefore, this software is the leading product. The keyboard can only use a limited function. While the software is infinite.

 

2007Years1Month10Number, Apple Corp releasedIPhoneWhen the stock price soaring, the day8%, closed at98.57The dollar. BecauseIPhoneCompetitiveness, Apple Corp stock price continued to rise.2009Years12Month, there is news that Apple Corp will release a new tablet computer, affected by this news, shares rose to the Apple Corp209.3The dollar. Although it has not yet recognized the handwriting computer products. Since then, stock prices rose. Despite the financial crisis, but are still popular Apple Corp.2010Years, Apple Corp stock price to new highs.IpadSales unpopular,MacSales rose30%. At the same time, the Apple Corp to HTC electric filed a patent lawsuit.

 

The real power of the shares of the Apple Corp is the intangible assets, through the operation and management of intellectual property rights, transformed into intangible assets. The relevant agencies of the world's ten largestPCThe statistical manufacturers, Apple Corp's business income accounted for the entire industry7%, but its operating profit accounted for the entire industry35%. The main reason for this difference is because the Apple Corp has the unique intangible assets, mainly is the patent.2010Years, Apple's stock has hit a new high. In the12Months, stock prices65%. In the meantime, the Nasdaq composite index rose only1.2%. This success, fromIPhoneAndIPadGreat success. Get into2011Years, Apple Corp9A new high.

 

The Apple Corp flower10Billion dollars in developmentIPadChip. Apple's own production of chip of the reason is very simple, one is saving cost, two is to minimize energy consumption.2010Years, the Apple Corp bought the Silicon Valley chip makerPACCompany, Apple's entry into the field of speculation can be heard without end. Now the mystery.IpadHave begun to use Apple's own production of chips.

 

2010Years12Month, the Apple Corp gained new12Patents, including the naked eye3DImaging technology, equipment, strengthening of the nitrided stainless steel shell,PCTouch, innovative design, intelligent frame body, anti pornography etc..2010Years, the Apple Corp has obtained563Patents. Apple Corp so into the Global Corporation patents50Strong.

 

The Apple Corp's patent scope is very broad, all fields are involved. To apply for a patent to spend more time, especially USA. A large number of patents are Apple Corp2004,2005Submitted for the years, now and theIBMThere are gaps, samsung. Jobs participated in the invention of the patent is313Item.

 

Below we talk about Apple's incomplete, is the Apple Corp in the trademark assets in terms of failure. First of all, a trademark of Apple Corp is a bite of the apple logo, standard too freely, without good planning, creating problems. Therefore, the intangible asset planning at the inception of the company, and even set up before the start. As the brand definition too freely, the Apple Corp paid a big price. And America Beatles30Years of disputes, paid1Billion dollar value. Management of the works of the company, also called Apple Corp. And American Apple Corp originally called America Apple Com puter Inc, Jobs later renamed the American Apple Corp.30Years of dispute settlement, after. Apple Corp promise not to enter the field of music, and later the Apple Corp in the field of music, so the disputes. Mainly becauseIPODAs a music player, a Apple Corp establishedITunes, in music, in violation of the settlement agreement previously. The British Apple Corp so take the matter to court, for3Years of litigation.

 

In addition, the Apple Corp365Million to buy HW technology hands"IPhone"Trademark. HW technology has not prepared for it, not enough intangible assets marketing consciousness, as long as the365Million dollars.

 

Apple Corp to Proview has intellectual property disputes. Proview technology was a large import and export enterprises, all of its assets were seized. The creditors had to"IPad"Brand attachment. Eight creditors' claims100Billion. The Apple Corp that it had purchased the trademark from Proview company in Taiwan. The Apple Corp commissioned a shell company to deal with the matter, said the only cost a dollar bought the trademark. But undeniable is, the Apple Corp began in Taiwan Proview signed contract, Taiwan Proview Shenzhen Proview technology is owned by the parent company. Taiwan Proview no trademark, Shenzhen Proview's trademarks have been sealed, who also couldn't get.

 

Apple Corp in the field of trademark lost again and again, can be seen in the field of intangible assets of decision problems, so called incomplete apple.

 

2011Years1Month, Microsoft to America Trademark Bureau proposed revocation"App store"And"Appstore". After Microsoft jointly HTC electric De, Sony Ericsson to the Trademark Office for the determination of the European trademark is illegal. Apple Corp said, if the trademark is not legitimate, thenWINDOWSDoes not conform to the provisions of the law, evenIBMThere is a flaw.

 

As the plaintiff,2011Years4Month19In USA, apple sued Samsung, said its mobile phone and tablet computer tort. Samsung is in Europe, Asia prosecution, request the court to disc forest -- Apple products, which are the counterclaim means. Apple's move real target Google, because Google with Android system. In addition, apple repeatedly sued HTC electric, Nokia, Motorola tort.2010Years10Earlier this month, Motorola sued apple for infringing18Patents. History the final choice is generally reconciliation, sign the cross licensing.

 

Apple is suing HTC power, HTC Electric's stock price fell10%.

 

In addition, apple took back the16A domain name, the domain name toIPhone,IPadThe peripheral application, such asBlueipadEtc..

 

As a defendant, Nokia sued apple, said Apple all product tort, claim3700Million patent fee. Nokia move is also in order to turn. Jobs saidIPhoneHas been submitted200A number of patents.

 

A company of Israel Microsoft, apple sued infringement, is the main stream media in terms of patent. HTC electric countersued Apple infringed5Patents. Kodak prosecution Blackberry and apple infringed the patent. Before Kodak was preached to bankruptcy. In addition, Samsung also counter the apple, with its invasion10Patents on the grounds of prosecution.

 

Finally, we come to have a look, what can we learn from Jobs?

 

First, the company is with the fate of the spirit, but in our country the executives as the gap is too large, too. The more individual gem executives listed after the departure from the stock market, investors with cash, who earn money to real estate.

 

Second, is an annual salary of $practices. Although the company gave its shares and the helicopter, the helicopter is the official to use. Compared with Wall Street salaries and China Venture Board executives to swallow their high salary, profit as, we should learn the spirit of Jobs.

 

Third313Patents. Jobs as the inventor or inventors patent is313A Apple Corp, only the patent income can guarantee good operating income.

 

Another point is that the interdisciplinary development. The pursuit of art Jobs, master of the film, which is also the capital of Jobs stage a comeback. No "Toy Story" success, Jobs could not take his commercial value to show in front of the world, will not be able to stage a comeback.

 

Through today's explanation, so that everyone on the Apple Corp, Jobs made a point to know. The reason why we named the incomplete apple, because we think apple for trademark issues, the soul of the dead, will lead to apple. We also want to learn the spirit of Jobs, in the technical genius at the same time, the theory of intangible assets. Discussion on intangible assets is the new wealth types from the aspects of intangible assets subject.