A Study On The Legal Problems Of Patent Pledge In China

Patent rights are the intangible assets of a company. Patent rights can not only as the production factors which be turned into productivity though production,but also as the pledged goods play an important role of the patent rights pledge.During the financing process in enterprises,the patent pledge is an important approach to wide financing ways and enhance competitiveness.Therefore,we can not ignore the effect of promoting enterprises financing.However,there are still some problems during the implementation process of the patent rights pledge in China:For example, the current legislation of the patent rights pledge is far from perfect, and there is not enough specific measures to solve the problem,the uncertain conditions and range of the subject matter in the patent rights pledge,the evaluate inaccurate,the evaluate agency illegal,the evaluate methods undefined,the deficiency of the patent transaction market,the risk of realizations … such factors restrict the development and economical function of the patent rights pledge more or less.In view of this, this article starts from the basic theory of the patent rights pledge,discusses and systematically analyzes the legal issues of the subject matter,the establishment,the effect and the realization of the patent rights pledge so as to solve the legal and economic problems existing in the practice operation.In brief,this thesis mainly divides into four parts:The first part is an overview of the patent rights pledge,defines the concept and the characteristic of the patent rights pledge, distinguishes the patent rights pledge from other movable pledge.Besides, this part also describes the economical functions of the patent rights pledge,especially promote the development of middle and small sized enterprises financing a lot.The second part is the overseas situation of the patent rights pledge, introduces and analyzes legislation and implement status of the patent rights pledge in the United States, Japan and Chinese Taiwan.The meaning of giving a review and analysis on the legislative development of developed countries or districts is to lay the foundation for the comparison and reference of the fourth part.The third part is an analysis of the plight in the patent rights pledge,introduces an new case and expounds relevant legal issues of the patent rights pledge from the view of law. Firstly, it introduces the subject matter of the patent rights pledge from the conditions and ranges.Secondly, it discusses the setting conditions of the patent rights pledge from the contract and nature.Thirdly, it probes into legal validity from the patent rights pledge to the subject matter and the validity of the parties.Finally,it introduces the evaluation of the patent rights pledge,and point out the risk during the patent rights pledge realizations.The fourth part analyzes the legal issues of the patent rights pledge one by one.Proposes specific solutions to the perfection of the patent rights pledge from the view of economic in order to promote the development of middle and small sized enterprises financing.