Using Law To Manage And Control The Risk Of Intellectual Property Pledge For Financing In Our Country

Pledge activity for financing about intellectual property rights is the main form of financing guarantee for small and medium-sized enterprise of science and technology.The value assessment?guarantee?investment market about intellectual property has not fully established in our country;the activity start lately,and has many risks and barriers.To improve the pledge financing program about intellectual property and supporting measures,solving the evaluation problem and controlling the risk of intellectual property rights are of great importance,and the participation from the government?enterprises and financial institutions so on.This paper introduce the definition theoretically and manifestation of intellectual property pledge financing risk,so that we can analysis of the existing system defects from the controlling practices and its legal value.Therefore we can improve the service of intellectual property's pledge financing,at the same time reduce the cost of financing.In the first part of the article,with the clarify of legal nature of the intellectual property rights pledge and the concept of risk,we think risk of intellectual property rights pledge is difficult to predict and control the result of the pledge,because of market asymmetric information?the off state and the limitations of value evaluation.At the same time,we summarize the factors and the various possibilities in the market value about the intellectual property rights pledge after the legal status.The second part summarizes the domestic practice?controlling and sharing system for risk about intellectual property pledge financing.First of all,we conclude the assessment methods of the examination and approval?evaluation of intellectual property rights?registration?post-loan management of risk,to point out the problems and disadvantages of procedures for examination and approval.Finally,with the summary the characteristics of direct pledge?bound to pledge?guarantee the pledge of guarantee and the system of subsidies and risk sharing policy,we analyze the role positioning of government,enterprises and banks.The third part analyze the legal value and their usefulness from the the mechanism about risk control and share.First of all,based on the control theory of uncertainty about the conclusion of assessment and the theory and practice on the normative system of assessment activities,it limits the subjectivity and risk of moral hazard in evaluation,and ensures security of transaction about intellectual property rights.Secondly,from the financing cost of the enterprise and the responsibility of the government,we think it is expensive for financing in the use of intellectual property rights.But they play a significant role for the increasing in size,increasing the productivity of the small and medium-sized enterprises,promotion indirectly the mode of production innovation and optimization of industrial structure.The fourth part put forward to concrete suggestions on legal norms,on the base of the constraint of assessment activities?simplification of the financing program?improving the quality of technical services.With improving the quality of risk assessment about intellectual property?the public information and technical services,we can reduce the cost and risk about financing?promote the healthy development of intellectual property pledge financing in China.