Study On The Legal System Of Pledge Of Patent Right

The 21st century is a knowledge-based economy era, in which the role of the Intellectual Property is becoming more and more important. The Patent Right, as a kind of the Intellectual Property, is also getting more and more attention. In china, with the development of China's economy and international trade, patent applications are increasing annually. As an effective financing channel, the Pledge of Patent Right is being paid more and more attention recently. Though the Pledge of Patent Right is first admitted in Security law of the People's Republic of China, which is promulgated in 1995, there are few cases in social practices. There are two reasons for it. On one hand, the Patent Right value is instable and high-risky, so that it is difficult to assess and implement the value of the Patent Right. On the other hand, it is because there are some problems in the law and related system of Pledge of Patent Right.Pledge of Patent Right is an innovation of the traditional right of pledge, when the world economy is getting into Knowledge economy. And there is very strong potential force in it. Its essence is to realize the creditor's right by dominating the value of Patent Right. So that the value of Patent Right can be made the most. Compared with the other Right of Pledge, there are advantages in the Pledge of Patent Right, and more and more countries are trying to perfect their law on it. However, in our country, the law on the Pledge of Patent Right is so disordered that the Pledge of Patent Right doesn't play the role it ought to. So, we should analyze the legal system to find out the problems and then give suggestions on how to perfect it, in order to achieve the result that the economic operation model can be made full use of.Besides of the Preface and the Conclusion, there are four parts consist in this article:The first part is about the theoretical knowledge of the Pledge of Patent Right, including its concept, its characteristics, and its functions, especially the differences between the Pledge of Patent Right and the other pledges, to lay the foundation for the following contents.In the second part, we introduce and analysis the law of the Pledge of Patent Right in America, Japan, and China's Taiwan, ordering to provide some advice for China's law producing.The third part is about the problems existing in the law and practice of Pledge of Patent Right. First, the law pays more attention to its security than efficiency. Second, there is no coordination among the law and regulations. Third, it is unclear about the how to set it, the scope of object, and the rights and obligations of the subjects. Forth, there are obstacles in its evaluation mechanism.As the most important part in the article, the forth part tells us how to solve the problems referred in the third part. For example, we should make it clear about how to set it and the scope of the objects, and we should produce the special law to regulate the Pledge of Patent Right, and we also should perfect the evaluation mechanism, and so on.