Research On Perfecting Pledge Of Exclusive Right Of Trademark In China

In recent years,the pledge of intellectual property rights has become a new direction of the development of pledge financing in China,in which the pledge of trademark exclusive right is favored by many small and medium-sized enterprises.Compared with developed countries,due to the late start and small scale of development,the legal system of the pledge of the right to exclusive use of trademarks in our country is not perfect in legislation at this stage,and there is no standard in practice,which leads to the high risk of the pledge of the right to exclusive use of trademarks and strikes the enthusiasm of the pledge subject.Therefore,the perfection of the pledge of the right to exclusive use of trademarks in our country is Research on "ice breaking" urgently needed at present.The first part of this paper reviews the current situation of the pledge of the exclusive right of trademark in China,summarizes the establishment and effectiveness of the pledge stipulated in the current legislation,and analyzes the development of the pledge practice and the judicial practice in the current situation of the pledge of the exclusive right of trademark.The second part is to analyze and explore the main problems existing in the development of the pledge of the exclusive right of trademark in China,mainly including the legal system,evaluation and realization of the pledge.In the issue of legal system,the paper puts forward some related problems in trademark law,such as the lack of legislation on pledge,the narrow scope of pledge object and the fact that the permission of pledgor should not be limited after the establishment of pledge right;in the issue of evaluation,it puts forward some problems,such as the lack of talents of appraisers,the lack of professional construction and the lack of independence of evaluation organization;in the issue of realization of pledge right,it puts forward some problems in view of the dilemma of realization of pledge right There are some problems,such as the lag of the construction of the trading market and the single way to realize the pledge.The third part mainly studies the legislation and judicial construction of the pledge of exclusive right of trademark in foreign countries,mainly in the civil law system and the common law system,listing the relevant provisions of Germany,France,the United States,the United Kingdom,and obtains enlightenment from them,so as to provide reference for the improvement of the pledge legal system in China.The last part is to put forward countermeasures according to the problems of the pledge of the exclusive right of trademark in our country put forward in the second part.In perfecting the legal system of pledge,we should clearly stipulate the legislative content of the pledge of the exclusive right of trademark,expand the scope of the pledge of the exclusive right of trademark,and allow the pledgor to freely license the exclusive right of the pledged trademark after the pledge In order to improve the evaluation system of trademark exclusive right,we should improve the professional level of the appraisers and build a professional independent evaluation organization;in the realization of the pledge of trademark exclusive right,we should improve the trading market and broaden the ways of realizing the pledge.Through the above measures,we can promote the construction of the pledge system of trademark exclusive right in China,and provide reference for the improvement of the pledge system of trademark exclusive right in China...