On Pledgee's Superior Position In Trademark Pledge

Its characteristic of intangible property and the imperfect legal system had prevented the trademark pledge from becoming the mainstream model of financing guarantees under the background of present Chinese financial market. Therefore, in order to make good use of many advantages of pledge of trademark which would definitely make due contributions the healthy development social economy, the main purpose of this paper is to identify the bottleneck which limits the further development of trademark pledge and take appropriate measures to break through the bottleneck.Reviewing from the structure, the paper is divided into three parts. In the first part, by analyzing the bottleneck of present system of trademark pledge, the author makes the conclusion that the bottleneck is due to pledgee's inferior position in trademark pledge, therefore, it is of significant importance to set pledgee's superior position in that system. In next part, by using the method of legal comparison, the paper introduce the VAM, termination of contract and subrogation systems into trademark pledge and describes how those systems would function in trademark pledge, which can guarantees pledgee's superior position in system of trademark pledge. In the last part, by the legal perspective of interests balance, the paper analyzes the different interests of pledgee and pledger and takes it as a basis to determine the boundary of pledgee's superior position, In addition, the paper also illustrates the measures to limit the possible pledge's right abuse.It hoped that, the paper can lead to the establishment of pledgee's superior position in both legislation and judicial practice in the system of trademark pledge and achieve the interests balance between the pledgee and pledger. As long as pledgee's superior position is established in trademark pledge, more financial institutions and other investors will choose trademark pledge as an effective form of debt guaranteeing, which will make the new system a substantial development in Chinese financial market. At the same time, it also highlights the legal system, as the means of social control, makes the great contribution of promoting the social development.