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Pledge Of Intellectual Property System In China

Posted on:2015-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y N HeFull Text:PDF
GTID:2266330431952385Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the era of knowledge economy, a country-owned intellectual property, the more itmeans to have more control over the economy in the future, their intellectual wealthgrow faster, the economy is more developed. Therefore, to maximize the creation anduse of intellectual property as an important countries to actively explore ways ofeconomic development. Country in the "security law" and "Property Law" also affirmedthe legal status of intellectual property pledge, but the practice of intellectual propertydevelopment finance pledge is limping. This is mainly due to the theoretical study ofintellectual property pledge system has just started, legal norms is lagging behind, but inreality strong demand, especially for SME in the economic crisis. Therefore, my theory isdifficult to provide good policy for the lack of intellectual property pledge practice.In view of this, the article on China’s IPR pledge system are described and analyzed,and based on the successful experience of foreign countries to study and learn, to studythe theoretical benefit of intellectual property pledge system. Firstly, the use of a logicalanalysis of the basic theory of intellectual property pledged to analyze the theoretical partof the concept of intellectual property rights In the knowledge economy, the moreintellectual property a country owned, it means the more it control over the economy.The faster their intellectual wealth grows, the more developing its economy it goes. Sothe creation and usage of intellectual property become an important way to economicexploration. China affirmed the legal constitution of intellectual property in the “SecurityLaw” and “Property Law”, but it’s hard to develop the intellectual property pledge inpractice. It’s because the theory research of intellectual property pledge just startedrecently, the regulation is lagging behind. But the reality, especially the SME in theeconomic crisis, strongly demanded. We lack theory to provide good policy forintellectual property pledge practice.The article states and analyzes intellectual property pledge system, studies andreferences from foreign successful experience. It aims to do something good to theintellectual property pledge theory research. Firstly, it logically analyses on the basic theory on intellectual property pledge, including the related pledge, the theoretical basisand the legal basis for intellectual property pledge, the pledge and the constituentelements of intellectual property objects range; Secondly, the use of literature analysisand proven method of financing the current situation of China’s IPR pledge conductvarious analysis, including intellectual property legal system, intellectual propertypledged object, intellectual property pledge assessments, intellectual property rights andintellectual property pledge registration preservation of these five aspects, andsummarized the pledge of our intellectual property in these problems in several ways.Once again, the use of comparative analysis, by the status of the five aspects of the studyof intellectual property developed countries pledged to compare results of enlighten ourintellectual property pledge system. Finally, on the basis of the foregoing analysisoverview, we propose to develop a single law in the legal system, to expand the scope ofthe object in the object of pledge, the pledge from our current intellectual propertyevaluation, registration, security, etc. For specific practice has raised some specific ideasand suggestions to improve, for example, a clear legal responsibility in the assessmentevaluators, unified registration rules in the registration, the perfect preservation of theescrow system and other specific measures to regulate intellectual property rights tradingmarket.
Keywords/Search Tags:intellectual property, pledge, pledge of right
PDF Full Text Request
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