Research On The Protection On Benefits Of Pledgee Of Patent

In China,raising funds by way of providing pledges over intellectual property, especially patent,have made up quite a portion in current economy,while studies have suffered in the past from a failure to clearly state or tackle with certain significant issues,either in theory or in practice,in relevant legislation and associated regulatory systems.This paper focuses on issues with respect to protection on benefits of pledgees in patent pledge cases,attempting to figure out and comment on omissions and insufficiencies in current-existing legislations and associated systems.In light of the foregoing,the author,based on a study of comparative law,comes up with diversified suggestions on reforming current regulatory systems.Apart from the Preface and the Epilogue,the paper contains three chapters.In Chapter 1,this paper indicates the fundamental principles in respect of protection on benefits of pledgees of patent.The author firstly gives analysis on necessity of protection on benefits of pledgees of patent.In order to ground the arguments established in the subsequent parts,the author defines the patent pledges to be discussed in this paper and moves forwards with introducing characters and its influence of patent pledges.The Chapter 2 of this paper indicates certain issues in current-existing laws and associated regulatory systems.The author goes through the relevant regulatory systems in respect of establishment,maintenance and realization of patent pledge and analyzes the omissions therein regarding protection on benefits of pledgees of patent.In view of each of omissions indicated in the Chapter 2,the Chapter 3 borrows corresponding mechanisms from certain foreign legislations and proposes specific and realistic approaches.Creative HighlightsMost existing studies on pledges,especially the studies on patent pledges,spared no efforts to establish the theory with regard to protection on benefits of pledgor. Instead of following the traditional path,this paper transits its focus to the pursuits of protection on benefits of pledgees in patent pledges.In terms of the content,this paper,considering the particularity of patent pledges and aligning with the legislation and real practice of China,make efforts in borrowing relevant legislations and associated regulatory systems and proposing constructive approaches from foreign jurisdictions.