The Research On Pledges Of Trademark

It is an important way to hypothecate the debts with the right of trademark. But there are still many disputes on the legal nature of such pledges in law circles. With the development of the society, non-possessory pledges have appeared and their publicity is registration ,but not possession transferring. The licenced right of utilizing trademark( TM ) does have some economic value and to some extend can be transferred. But it is unsuitable to be used to hypothecate debts. The purpose of pledge-setting contract is to set possessory pledge. So the validity of this contract in our country should be adjusted. Besides, the registration of this king of contract should not adopt the doctrine of validity, but the doctrine of exclusion. The tiptop non-possessory mortgages can be found in the "Law on Pledges" in our country, but the tiptop possessory pledges can not be found . It's the same in the draft developed by China Social-science Academy. But the two really do the same to the actual practice. So in the system-design course of the possessory pledges, we can take the tiptop non-possessory pledges as a model. As a sum of intangible assets, this kind of pledge does not demand the transferring of the possession of trademark. In fact, it is impossible. However, the compulsory regisration and assessment system higher the cost. In addition , the owner of the trademark can not treat his trademark freely. That makes this legal system lower effective.To perfect the system demands far more than this system itself. We have to do a lot with the corresponding system . For example, the registration system for pledges, and assets assessment system, etc .