On The Legal Issues Of Intellectual Property Pledge Financing For Small And Medium-sized Enterprises Of Science And Technology In China

Under the new economic normal,small and medium-sized enterprises are known as the most dynamic economic group in China,and have gradually become one of the backbone forces to promote the development of various industries.The sustainable development of small and medium-sized enterprises is related to the healthy development of the national economy of the whole country and the harmony and stability of the society.But for a long time,the capital problem of science and technology small and medium-sized enterprises has been a bottleneck restricting their sustainable and healthy development.The tangible assets of science and technology small and medium-sized enterprises are often not an important part of their assets,and the intangible assets represented by intellectual property are their core assets,so intellectual property pledge financing,it has gradually become one of the ways to solve the financing dilemma of science and technology small and medium-sized enterprises.At the same time,since the 19 th CPC National Congress,the CPC Central Committee has attached great importance to the development and protection of intellectual property rights.In the second half of 2019,the State Intellectual Property Office,in conjunction with relevant departments,drafted and issued the Opinions on Strengthening the Protection of Intellectual Property Rights.But because of our intellectual property pledge,the system started relatively late and is limited by the characteristics of intellectual property rights.At present,there is no unified understanding of intellectual property guarantee in China,and the existing legal supporting system is not perfect,which leads to many practical problems to be solved in the process of pledge financing.This paper uses empirical analysis,historical research,comparative analysis and literature induction to study the legal problems of intellectual property pledge financing of small and medium-sized scientific and technological enterprises in China.The main content of this paper is divided into four parts except introduction and conclusion.From the point of view of the increasing necessity and feasibility of intellectual property pledge financing for small and medium-sized technological enterprises,this paper expounds the practice situation in three pilot areas of intellectual property pledge financing in China,and analyzes the main problemsfacing intellectual property pledge financing of small and medium-sized technological enterprises in China,such as the limited number of enterprises benefiting,uneven geographical distribution,small loan amount,short loan cycle and lagging market response.In this paper,we conclude from four aspects:the legal status of intellectual property pledge financing,the intellectual property value evaluation mechanism,the intellectual property trading market and the risk prevention and control mechanism.From the successful experience of the development of intellectual property guarantee financing for small and medium-sized enterprises in developed countries in the United States and Japan,we know that the good development of foreign intellectual property guarantee financing mainly depends on the relatively perfect legal environment and government policy support,as well as the whole process control of risk,relatively perfect intellectual property evaluation mechanism and the innovative operation mode of intellectual property financing market.Finally,on the basis of summing up the experience,this paper puts forward the countermeasures to perfect the law to adapt to the national conditions of our country,which is the core content of the article.On the one hand,it is necessary to establish a unified system of pledge of intellectual property rights,expand the scope of pledge of intellectual property rights and improve the registration system of pledge of intellectual property rights;on the other hand,it is necessary to improve the service system of pledge financing of intellectual property rights.