Research On The Legal System Of Controlling The Risk Of Intellectual Property Pledge Financing

In today's world,with the knowledge economy sweeping the world,intellectual property rights have become the main competitiveness of modern enterprises to create value.The number of small and medium-sized scientific and technical and innovative enterprises in China and the amount of intellectual property held are considerable.However,the shortage of funds has become the main factor that has puzzled the development of scientific and technical and innovative small and medium-sized enterprises in our country at present.It is the way out for the development of knowledge economy of China to introduce funds to the small and medium-sized enterprises of science and technology and innovation,and to realize the integration of "knowledge" and "capital".Intellectual property pledge financing is a form of financing in which intellectual property is pledged to obtain capital borrowing.Because of the particularity of the secured property,its risk performance is also different from that of general movable property and real estate financing.Intellectual property pledge financing is an important means to promote technology research,development and utilization,but whether this means can fully play its role,depends to a large extent on the control effect of the relevant system design on financing risk.Therefore,strengthening the research on the legal system of risk control of intellectual property pledge financing has important theoretical value and practical significance for perfecting the relevant legislation and guiding the practice of intellectual property pledge financing.The creative contribution of this paper is mainly manifested in the following two aspects:Firstly,starting from the general theory of risk control,this paper focuses on the analysis of intellectual property pledge financing risk mainly comes from the failure of the existing system.The superiority of legal control in institutional failure is reflected in the fact that the external legal system provides the basis for the internal control of the organization.Therefore,it establishes the basic path of systematically studying the problems existing in the relevant legal system and perfecting the risk control of intellectual property pledge financing,takes safety,efficiency and fairness as the basic value orientation in the system design,and constructs the legal research theoretical system of financing risk control of intellectual property pledge.Secondly,combined with the characteristics of intellectual property pledge financing,this paper makes a profound analysis of the present situation of the current relevant system,points out the shortcomings of the current system in the risk control of intellectual property pledge financing,and puts forward the corresponding countermeasures.In addition to the traditional guarantee system,this paper especially puts forward some new opinions different from the traditional guarantee system theory on the evaluation of the pledge object,the management of the pledge object,and the construction of the risk sharing and resolution mechanism of the pledge financing.This paper is about 170000 words,in addition to the introduction,there are six chapters,and the main contents are as follows:The first chapter is Intellectual Property Pledge Financing Risk and Risk Control.Firstly,it summarizes the intellectual property pledge financing related concepts,then defines the risk of intellectual property pledge financing,and summarizes the characteristics and main types of intellectual property pledge financing risk.Secondly,it reveals that the key of the major dilemma,which is described as “policy fever,market coldness”,of the intellectual property pledge financing development for more than ten years lies in the existence of high financing risk,and discusses the necessity and main control mechanism of intellectual property pledge financing risk control.Finally,through the demonstration of intellectual property pledge financing legal system function as well as the significance of perfecting the legal system of intellectual property pledge financing risk control,it clarifies the relationship between the risk control of intellectual property pledge financing and the legal system,that is,controlling the risk of intellectual property pledge financing through the legal system to ensure the orderly development of intellectual property pledge financing.The second chapter is Intellectual Property Pledge Financing Risk Control Legal System Basic Theory and Value Orientation.Firstly,it sorts out the theory of how to achieve risk control in various disciplines.These theories provide a theoretical basis for the knowledge pledge financing risk legal control.Secondly,through the investigation of relevant theories and combination with the characteristics of intellectual property pledge financing risk,it establishes an intellectual property pledge financing risk control scheme with external control as a basis system and internal control as a supplement.Specific to intellectual property pledge financing risk control legal system,there are the following three levels: the first level is the adjustment of intellectual property pledge legal system,the second level is the legal realization of risk sharing mechanism,the third level is the improvement of legal system ofrelated supporting measures.Finally,this chapter refines safety,efficiency,fairness,as the three basic value orientation of intellectual property pledge financing risk control legal system,and generalizes the construction of specific legal system in the following text.The third chapter is The Intellectual Property Pledge Financing Pledge Establishment Risk and the Legal Control.Firstly,it summarizes the two big basic risks of pledge right establishment stage.One is the legal risk caused by the unclear scope of the pledge target,the other is the risk of intellectual property value assessment.The existence of these two risks directly affects the guarantee ability of the pledge target and becomes the primary problem that prevents banks from carrying out the business of intellectual property pledge financing.Secondly,it analyzes the specific risks and its causes of the establishment of intellectual property pledge financing right,and finds that the relevant system is not applicable or is short of.Finally,it puts forward corresponding improvement scheme,that is adhere to the doctrine of property law,clarifies corresponding intellectual property pledge target,and do not establish intellectual property pledge when it does not meet the requirement of law.The perfection of legal system of intellectual property value evaluation and pledge registration are also very important for risk control and throughout the whole financing process.Since the establishment of pledge is the primary link of intellectual property pledge financing,this chapter puts forward the corresponding legal system arrangements.The fourth chapter is Intellectual Property Pledge Financing Pledge to Hold Risk and its Legal Control.Firstly,it analyzes and summarized the specific risks of intellectual property pledge holding,those are the value impairment risk and the management risk of pledge target.Secondly,it inspects the hypothecation of the relevant system,and founds the discomfort of the external system and the lack of internal control.Under the present intellectual property pledge legal system,the intellectual property right pledge person is unable to possess and manage the pledge target,which cause difficulty to carry on the direct risk control.For the same reason,banks also lack the corresponding internal control system.Finally,based on the risks and institutional reasons in the process of holding intellectual property pledge right,this chapter optimizes the legal system of intellectual property pledge and improved the management system of intellectual property pledge target.The fifth chapter is Intellectual Property Pledge Financing Pledge Realization Risk and its Legal Control.It discusses the specific risks,its institutional causes,and corresponding legal control path in the realization of intellectual property pledge.This chapter points out thatthe main risk of the realization of the pledge is the risk of disposal of the pledge,including the risk of improper discount and collusive pricing,the risk of excessive disposal time and the risk of not realizing or not being able to fully realize.Then it analyzes the institutional reasons for the above-mentioned risk formation,and finds that the current realization of intellectual property pledge is difficult to apply to the realization of the pledge of movable property,and the realization of the mortgage right is more appropriate.In addition,the current special procedures for the realization of security interests are not connected to the intellectual property rights registration system,and there is no corresponding pledge disposal channel.In terms of system optimization,setting special obligations for pledgors,changing the way in which intellectual property rights are disposed of,and modifying special procedures for the realization of intellectual property rights are the main measures.Increasing the disposal channels of pledged targets is an auxiliary measure to improve the efficiency of disposal and protect the pledge.The sixth chapter is Intellectual Property Pledge Financing Risk Control Supporting Mechanism.No matter how elaborately the legal system of intellectual property pledge is designed,the guarantee of debt will still have the problem of residual risk.The establishment of the supporting mechanism of risk control is helpful to reduce the risk in the process of intellectual property pledge financing and to disperse the risk borne by the financing subject.Mixed guarantee mechanism,risk compensation mechanism and insurance mechanism are all of great significance to the risk control of intellectual property pledge financing.The policy guarantee and risk compensation mechanism in the mixed guarantee are dominated by the government and lack of market power,which is not a long-term solution.However,the development of mutual guarantee and commercial guarantee institutions in mixed guarantee is limited and there is a high risk in themselves,it is easy to transfer or spread the risk by introducing them into the intellectual property pledge financing.Thus,perfecting the financing insurance of intellectual property pledge has become a new trend,which provides a feasible way for the risk control of intellectual property pledge financing.Intellectual property pledge financing is an important measure to alleviate the financing problems of small and medium-sized enterprises.Its high risk makes banks and other financial institutions cautious,and the active promotion of local policies has not fundamentally touched the financing risk.The study of the specific risks in each stage of intellectual property pledge financing is helpful to reveal the institutional problems and thensolve the problems.At present,the total amount of financing is limited and systemic risk exposure is insufficient.This paper may be lacked of research on systemic risk and limited to the current micro-risk research.It is also the motivation for this paper to continuously and further study.