Promote high -quality development of sports intangible assets in accordance with the law
September 08, 2021 08:55 Source: "China Social Sciences" September 8, 2021, Issue 2247, 2021 Author: Song Yaxin

September 17, 2019,The General Office of the State Council issued the "Opinions on Promoting Fitness and Sports Consumption to Promote the High -quality Development of the Sports Industry" (Guoqi Fa [2019] No. 43),Clearly proposes to improve the evaluation system of sports intangible assets,Support all kinds of sports associations to adopt crown names、Sponsor、Franchise operation and other methods to develop its intangible assets。The epidemic of New Crown Pneumonia in 2020 led to a suspension of sports events globally,The supply chain of the sports industry chain is blocked,The competition industry represented by sports events is greatly hit by the competition industry,Invisible assets are difficult to play value。2021,Gradually recovering the sports industry,To stimulate the vitality of the main body of the sports market,Ensure that high -quality development of sports intangible assets,my country urgently needs to be in accordance with the requirements of the "Outline of Sports Power Construction",Strengthen the supervision of the sports market,Give full play to the standards of laws and regulations and market configuration,Promoting the formation of the power world clear、Concern of responsibility、Efficient mechanism of operation,Realize the high -quality development of the sports industry。

my country's current sports intangible asset development is still in a relatively primary stage,Especially the sports competition performance industry,Re -developing products,However, lack of in -depth excavation and innovation of internal value of resources,directly leads to insufficient motivation for sustainable development。For example, around sports events,Can be associated with stadium construction and operation、Copyright and media distribution of the event、Sports Tourism、Sports Real Estate、Authorized Bet365 app download product operation、Athlete agent、Sports training、Ticketing、Sports equipment manufacturing and other derivative industries,At present, the development of such related businesses is obviously insufficient,The understanding of "high -quality development" also needs to be expanded,Specific performance in the following four aspects。

First,Lack of clear "high -quality development" standards in the goal formulation link。High -quality development of sports intangible assets comes from the "high -quality development" proposed by the 19th National Congress of the Communist Party of China,is the basic concept of my country's economic development。The purpose of "high -quality development" of sports intangible assets is to promote innovation to become the main driving force for high -quality development,Continuously promote the growth of the industry from scale speed to mass efficiency.、Evolution with a higher added value。In order to specify this goal,Sports administrative department shall lead the establishment of a sports association、Club、Sports intermediary organization、Athletes such as athletes and related companies on the standard evaluation system of high -quality development of sports intangible assets,To sort out the question、Make suggestions to specify the guidelines for the target。

Second,Failure to identify the confirmation link,Blurred property rights。Sports intangible assets are a concept of rich connotation and sustainable development,Except sports logo right、Sports patent rights and other protection mechanisms with mature sports intangible assets,The right to name and the right to operate in the stadium、Difficult Beauty Project Action、Emerging sports data and other sports intangible assets are difficult to in traditional civil and commercial laws、Find the basis in the Intellectual Property Law。At present, the right to develop in the industry、Operation rights, etc.,Basic concept blur,Confusion,so that the internal classification criteria for sports intangible assets are unknown,Unclear ownership,Assets vaguely。

third,The evaluation bet365 best casino games system of the trading link is gradually established,Platform trading system is still to be improved。Trading links include pricing assessment、Entry transactions and information disclosure processes。June 2021,The China Asset Evaluation Association released the "Guidance for Sports Invisible Assets Evaluation (Draft for Opinions)",Based on the current framework of the existing intangible asset evaluation standards, highlights the characteristics of sports intangible assets,2909_2929、Evaluation of data、The selection of evaluation methods and the determination of the assessment parameters made a response,From an industrial perspective, it provides useful reference for practical operations。At present, whether the intangible assets of sports events must be disclosed and the selection of specific public transaction methods still lacks institutional arrangements,Since the Economic Department of the State General Administration of Sports, the "Notice of Incorporating Sports Invisible Assets into the Public Resources Trading Platform for Public Standard Trading" sets the work goal of "should enter must enter" and "outside the platform without transactions",Entry transaction initial results,But the size of the sports property rights trading platform is limited,It has not formed a powerful guarantee for "the must enter",Content also needs to be enriched。other,Administrative monopoly in the sports property market、Division of regional segmentation is serious,The lack of information disclosure and transaction supervision system for the particularity of sports resources。

Fourth,The overall management power and responsibility are unclear,Inspirational insufficient。The reform of the sports management system has achieved certain results,But the marketization process is still slow,No full play on the standards and guidance effects of the development and utilization of the laws of sports intangible assets。The right to name with the stadium、The development of sports intangible assets represented by the right to organize the event bet365 Play online games has appeared on the government intervention、Loss of state -owned assets、Insufficient marketization of resource development and allocation,The barriers of the system need to be further removed。

Since the 1990s,The "Copyright Law", "Patent Law", "Trademark Law" and "Olympic Law Protection Regulations" based on the confirmation of sports intangible assets have been modified、Gradually improve,But the overall quality of the development and utilization of sports intangible assets has not been significantly improved,Especially in the copyright operation of sports events、The right to host the event、The operating rights of the venue exist in public and private property nested、The situation of poor circulation、The situation of poor circulation。The role of the law is not just "dividing cakes",It's "making cakes",In addition to determining the attribution order of the intangible assets of sports,It also needs to improve the transaction circulation system and industrial promotion regulations to improve the efficiency of resource allocation。

First,Clear development goals。The development of "high quality" is the development that is both orderly and not dynamic,It is necessary to sort out the experience of advanced rule of law in developed countries in the sports industry,Combined with the actual needs of the construction of a strong sports country in my country and the difficulty and pain points of the difficulty of the development of intangible assets at this stage,Essence of condensing the theory of the rule of law with Chinese characteristics,Guidance principles in the process of high -quality development of sports intangible assets。

Next,Standard asset recognition。Evaluation of sports intangible assets is a key part of value development,But the value of the value of sports intangible assets is complicated, so that emerging formats have encountered evaluation technology bottlenecks。"Guidance Opinions of Sports Invisible Assets Evaluation" defines the statistics of sports intangible asset classification,but does not have legal effect,Law is the basis for identifying Bet365 lotto review and classification of intangible assets of sports。The property rights of sports intangible assets form and realize the serious dependence on the law due to its intangible characteristics,Disted sports intangible asset transactions have a high -risk characteristic due to their overflowing effect and uncertainty,For example, customer relationship、Franchise rights、Contract rights and other intangible assets with industry characteristics,still need to be based on the "Civil Code" and intellectual property civil legal system as the guarantee of the formation and operation of the invisible property rights of sports。Therefore,Sports crown right、The concept of the event hosting and other concepts need to be legal、Regulations on administrative regulations,can determine the nature of property,Enhance the stability of rights。

again,Further improve the transaction system of sports intangible assets。Regarding forced enrollment transactions,Due to my country's in recent years, the right to approval in sports events,Invinus assets related to sports events have been circulating through the way of "one -to -one" and acquaintances for a long time,Monopoly of a small number of enterprises for high -quality resources。In order,The "Measures for the Administrative Measures for Sports Invisible Assets Transaction" can be developed to delineate the asset scope of mandatory entry transactions,and clarify the responsibility of the relevant subject,Remove the dependence of the traditional path of the sports administrative department。Diversification of transaction methods,It is recommended to formulate the "Selection Standards for State -owned Sports Property Rights Assets Listing Trading Platform",Basic assets according to different property structures,Develop a guide to select a transaction method for "varying from class",Support disadvantaged projects,Let high -quality resources fully market。Regarding transaction information disclosure and regulatory issues,Design the relevant content of the "Administrative Measures for Sports Invisible Assets Trading,Improve the cooperation mechanism bet365 Play online games between the sports intangible asset trading platform and the sports administrative department,Determine the regulatory subject of intangible asset development business、Program and Disciplinary Rules,Avoid benefit delivery、Insider trading and other unfair competition behaviors,Fully disclosed according to the characteristics of the sports industry to fully disclose all kinds of intangible asset exchange information。

Last,Improve the rules system,Coordinated governance。Law's standards and guidance of high -quality development of sports intangible assets cannot rely on compulsory law。"Sports Law" more can only provide framework regulations,And the legal provisions with coercion also have their own lags。The life of the law lies in implementation,Articles of Association of Sports Industry、The soft law provided by the Enterprise Self -Regulatory Alliance can largely improve the rules of the industry's particularity and industrial operation model to a large extent。Set the internal governance mechanism and social supervision mechanism of the Sports Association to maintain a good order for the trading of sports intangible assets,Supplement of the rule of soft law,is an effective means to alleviate the current insufficient supply of the current system。

High -quality development of sports intangible assets must break through the previous "management" mode,Make resources full market,This transition needs to be managed by sports administration、Market Supervision and Management and other departments collaborate。In view of the impact of court judgment and law enforcement intensity on asset monetization,You also need justice、Law enforcement agencies participate in the mechanism of multi -department joint conferences,Support for scientific decision -making。In addition,Intermediaries closely related to the operation of the sports intangible asset market for a long time、Plan、Consultation and other service organizations are slow to develop,The high -quality development of sports intangible assets cannot be separated from the optimization of such auxiliary systems,Therefore, it should be deepened、Expand the use of big data technology,Give full Bet365 app download play to the intermediary role of the asset trading platform,Provide transaction data information regularly,Establishing a sports resource trading credit evaluation system。Accelerate the transformation from "sports management" to "sports governance",Story of activated sports intangible assets,Expansion increase。

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