On The Perfection Of Legal System Of Pledge In China

The meaning of trademark right pledge is that on the premise of trade mark right as the subject matter, when the debtor doesn’t fulfill obligation on time, the creditor can enjoy priority in compensation by the value of the trademark. Trademark right pledge has advantages such as untransferring the subject matter, owing greater value of the subject matter, and having abundant resources. These advantages would help medium-sized and small enterprises and high tech Enterprises in financing. The pledge guarantee of trademark right has been one of important means of the guarantee for intellectual property right financing in many countries. The guarantee system for intellectual property right in our country was established later than that of other countries. Although in laws like Jus Rerum and The Guarantee Law have set up basic principles for trademark right pledge, the regulation is vague and general and it’s difficult when implementing. The system is at an initial stage. There are lots of problems and defects on legislation, right and obligation division of different parties, value assessment of the trademark right, risk prevention, means of value realization and other aspects. Therefore, to study on this subject is of great theoretical and practical significance.This thesis analyze the current situation and existing problems of trademark right pledge in our country, and adopts methods like comparison and exemplification to compare and analyze trademark right pledge systems in developed countries and our country, trying to point out the defects and problems in trademark right pledge system of our country, so as to propose several concrete solutions and suggestions on legislation to perfect trademark right pledge in our country.In Chapter One, the concept and characteristics of right pledge will be introduced to analyze the concept and characteristics of trademark right pledge. It illustrates that trademark right pledge belongs to right pledge and has its own features. Besides,trademark right pledge doesn’t have to possess and transfer the incorporeal property, and the system has higher risk.Chapter Two introduces the background of the legislation of trademark right pledge in our country and current legislation level. According to the analysis, the system of trademark right pledge has many defects, while there are not sound related systems. These problems are main obstacles to the development of trademark right pledge.Chapter Three illustrate regulations on trademark right pledge in countries of the continental law system and the Anglo American law system, and draw lessons from both systems. This chapter adopt a comparison method to investigate and evaluate those regulations in representative countries and regions of the continental law system, such as France, German, Japan, and Taiwan, and representative countries of the Anglo American law system like the U.S.A and Britain, in order to disclose lessons and experiences to the legislation of trademark right pledge in our country.Chapter Four gives suggestions to perfect trademark right pledge system in our country. This chapter is the core of the whole thesis. It first states that the registration validity doctrine in the public notice system of trademark right pledge should be changed to register theory, from the perspective of legislation. And it clarifies whether a certain type of trademark could be utilized as the guarantee object. Furthermore, it illustrates rights and obligations of different parties in the legal nexus, as well as the change and regulations on the maximum pledge and repledge system. Moreover, it advises to perfect effective supervision system of time limit of trademark right pledge on trademark, and to perfect related systems.