Guard Against Legal Risks To Commercial Banks On Granting Patents Pledge Loans To Medium-sized And Small Enterprises

At present a few financial institutions of our country have launched the intellectual property rights pledge loans for medium-sized and small enterprises, hereby this paper specially takes patents pledge loans as the subject which have relatively high economic and social values,and analyzes the legal risks exist in the process of extending loans theoretically and practically from the perspective of commercial banks whom are creditors and also pledgees.This paper is divided into four parts, the main contents of every section as follows.Part one does fundamental introduction by defining commercial banks, medium-sized and small enterprises, pledge patents and legal risks,and specially analyzes characteristics and representations of legal risks to commercial banks when granting patents pledge loans to medium-sized and small enterprises.Part two demonstrates the patents pledge loans which catering to medium-sized and small enterprises theoretically and practically,including the three civil legal relations exist in patents pledge loans businesses for M&S enterprises,and the operational process under direct mode when granting loans.Part three analyzes the legal risks of patents pledge loans for medium-sized and small enterprises in the timely orders of setting up patents pledge and loan products, assessing patents values,and repaying loans,including the representations and resources of every category of legal risks,and the complication and difficulties when guarding against them.Part four advances suggestions on guarding against legal risks on the ground of above analysis.Due to space limitations, it does not focus on every detail of the process but emphasize more on current practical issues which are still in disputes.Take sectors of loans granting process as the dimension and time line as the longitude,this paper is aiming to build a omni-directional and multi-levels system of supervising and preventing legal risks through analysis of the above four sections. Consequently, the legal risks to commercial banks could be prevented and controlled effectively when granting patents pledge loans to medium-sized and small enterprises.