Research On The Legal Problems Of Intellectual Property Pledge

Intellectual property pledge refers to the legal system which the pledgor uses the transferable intellectual property rights of property rights as subject matter of pledge, set a pledge to guarantee creditor's rights. With the arrival of knowledge-based economy, the status of intellectual property in the social and economic life is becoming more and more important. It is a live issue that how to make the most of the collateral value of intellectual property. The intellectual property pledge, as the effective method to solve this problem attracts more and more worldwide attention. However, because of the insufficient theory research on the intellectual property pledge system, the relatively backward legislation and the imperfect supporting system, intellectual property pledge in China hasn't become an important guarantee measure at present. In view of this, this article discusses legal problems which are related to the intellectual property pledge. The paper is divided into five parts:Part one: Summary of intellectual property right pledge. Firstly, this part expounds the concept of intellectual property rights and rights pledge which is related to intellectual property pledge, introduces the concept and the nature defining of intellectual property pledge; Secondly, inspects the emergence and development of intellectual property pledge.Part two: Research on the subject matters of intellectual property pledge. This part discusses the intellectual property which is clearly defined by current law can be pledged firstly; Secondly, discusses on the range of subject matters in intellectual property pledge specifically.Part three: the setting of Intellectual property pledge. This part mainly introduces the conditions of the setting of intellectual property pledge, and studies and discusses the subjects of much debate on the setting of intellectual property pledge, such as: whether to allow partial pledge and repeating pledge.Part four: the efficacy of intellectual property pledge. This part mainly elaborate the legal effect of intellectual property pledge from the following three aspects:the range of creditor's rights secured by intellectual property pledge,the range of the subject matter of pledge and the rights and obligations between two parties.Part five: the defects and perfection of intellectual property pledge in China. Firstly, this part introduces in details the current situation of intellectual property right pledge in our country, and pointed out the deficiencies and shortcomings of intellectual property pledge, such as: the range of the subject matter is too small, the registration authority is miscellaneous, the evaluation storage system is imperfect and the limitations to remortgaging of intellectual property is too hard. Then, in view of the present situation of intellectual property right pledge in China, proposes the corresponding countermeasure and the suggestion, and points out that only enlarge the scope of intellectual property pledge subject matter, unified intellectual property pledge registration system, establish and perfect the intellectual property pledge evaluation system and extend the limitations to remortgaging of intellectual property, can make the most of guarantee financing function of intellectual property pledge ,promote the development of socialist market economy.