On The Issue Of Intellectual Property Rights Pledge

With economic development, intellectual property's role in economic development is growing. Relative to traditional intellectual property rights through the implementation of the outcome of certain economic benefits be compared to existing intellectual property law and property law on intellectual property pledge, the right people more effectively meet the needs of the effective use of the results. While intellectual property rights pledge to resolve the problem of financing the debtor, obtained through the kind of intellectual capital to support the development, on the other hand different from the traditional chattel mortgage that can be achieved intellectual property mortgage financing function, while the exercise of that right. This article is based on the different, the subject of intellectual property pledge, procedures and more effective to do some sort. Paper is divided into four parts.In the first chapter, the quality of intellectual property rights were introduced, the quality of intellectual property rights that is the debtor or a third party all of its intellectual property to pledge, if the debtor can not repay the debts of the session, the creditors according to the intellectual property discount or auction, sale, to be paid in priority rights. Also is the subject of intellectual property rights as the right to set up quality. Quality of intellectual property rights system originated in the right quality, the quality is typical of property among the right.In the second chapter of what intellectual property may be pledged to answer, that is, determine the subject of intellectual property collateral. Many intellectual property rights in the existing, even judging from the visual point of view can be drawn that not all intellectual property rights can be the subject of a pledge, to distinguish between those who can pledge, there must be a unified standard, in contrast to the subject of other rights, the right quality based out on the quality of intellectual property rights that the subject of this article must first have a relatively stable property value, because the pledge of intellectual property rights is a security interest, the purpose of its existence is to ensure the realization of the principal claim, if knowledge of the subject as a pledge property without any economic value, then the right people on there would be no security role, let alone in the market by buying out the side for its economic interests priority claim. And of intellectual property rights to the play, it must also ensure that the subject has exclusive rights there is the burden of any intellectual property or just enjoy some of the intellectual property rights are not fully realized the impact of intellectual property collateral liquidity, it must be exclusive. In addition, the realization of the pledge of intellectual property rights to intellectual property rights through the specific subject matter of priority to achieve value for money pledge's claim, so long as intellectual property rights that can be known to the public can not in particular a third party the right to publicity, or the Priority species constitute unfair to other creditors.In the third chapter on intellectual property rights set the quality and effectiveness of the discussion process. Compared with the general chattel mortgage, pledge, due to the intangible nature of its subject matter, there is this great difference. In the subject, the chattel mortgage can be achieved through direct transfer of possession of a valid warranty on the pledge, the pledge can the economic value of the underlying objective to control the gauge, but for intellectual property pledge, the face The primary issue is the value of the geometric problem of intellectual property, intellectual property rights related to intellectual property value assessment of factors and determine methods to judge the issue, I think that factors in judging the intellectual property itself from the objective environmental factors and the two angles are normalized class scholars in the value of its method of cost calculation method exists, the market value of the transaction method and the income approach are three major ways. That is, the pledge of intellectual property rights to the contract type and to physical problems, as well as through national legislation of comparison theory, this paper argues, it is necessary to intellectual property as a pledge contract in writing the establishment of formal requirements, but whether the right should be transferred Elements of the certificate for the establishment of the issue of the contract I think need to distinguish between different conditions apply. After the pledge of intellectual property set, the effectiveness of the actions the parties, the main performance is a quality person could continue to exercise their rights, but the scope of the exercise of rights is limited only to allow the quality of people continue to exercise their rights, can effectively realize the economic value of intellectual property rights, make full use of the limited term of protection of intellectual property, as the quality of people in the best economic benefits. In terms of the pledge, in addition, under normal circumstances the priority through the exercise of the pledge to meet principal debt, the pledge's pledge to achieve face many risks, these risks from their own characteristics of intellectual property, intellectual property also exist from the external environment, and we have targeted that intellectual property rights through legal or agreed period of the pledge priority timeliness prevent the risks of intellectual property issues, intellectual property rights with other property rights through constitute a guarantee of the right to the consortium, because it can effectively control the movement of intellectual property value realization of the right of confrontation.In the fourth chapter is about the quality of intellectual property rights related to inadequate laws, lack of appropriate supporting systems, and improve the means of discourse. That we need proper legislation to expand the scope of the subject of intellectual property mortgage, pledge to make all of its intellectual property rights in a broader financing options, to better promote the overall health of intellectual property pledge system development. Promulgation of uniform intellectual property rights should be adjusted and the pledge of the law; to establish a single registration authority; standardized and uniform registration of the content, procedures, deadlines and procedures for improving several aspects of pledge registration system.