Research On The Pledge Of The Trademark Right

With the development of information age, some incorporeal property like knowledge products makes up a bigger and bigger part. As an important part of knowledge products,trademark's use should not only be confined to use-value but the value of exchange which could bring considerable profits, for example, impawn of trademark can not only promote the use of trademark to improve its economic value but also boost the flow of funds in order to produce more profits for the enterprise. The development of socialist market economic development counts on more and more capital investment and thus assurance becomes an important and favorable financing method for some enterprises.According to the history of China, visible property constituted the main resource of assurance in particular "the king of assurance"---pledge of immovables which takes the top place.However, traditional assurance is limited so the economic value of trade mark draws people's attention and also it becomes a tendency for the funds flow of enterprises, for example, France, Japan, Germany and America made rules for the assurance problem of trademark.The assurance of trademark rights means the assurance of trademark, as a bid, acts as a kind of creditor's rights;when debtors fail to fulfill the obligations, creditors enjoy the priority of gaining compensation according to the law. With the development of economy, traditional assurance resource can't meet the needs of market competition any longer and plenty of financial loans are faced with the credit risk of assurance inabilities.Therefore, the study on the system of trademark rights assurance carries great theoretical and practical significance.This article is composed of four parts.The first part mainly analyzes the fundamental question about impawn of trademark right by defining relevant concepts. The second part mainly introduces the system of impawn of trademark right of the civil law system and the common law system. The third part introduces the current system about impawn of trademark right,discusses relevant questions and makes a detailed analysis of its defects.The last part mainly puts forward proposals about the system about impawn of trademark right, which will be beneficial to the formulation of the Civil Code of our country in the future.