Copyright Pledge System

In today of High-speed developed in the socialist market economy, commodity trading has become frequent increasingly, and society needs more and more capital investment. As an important means of financing, guarantee is favored by many businesses; with the era of knowledge economy, Intellectual property even has a more prominent position in social and economic life. Copyright, as an important part of intellectual property and the most close to the life of type of intellectual property rights, its share is also the largest in intellectual property rights, therefore, how to make the collateral value of its national laws will become urgent solution problems.Last century, copyright pledge have made great progress in Japan, Europe and America and gradually become an important means of financing. The Copyright Law of Most countries make detailed requirements about the copyright pledge, and relevant systems are constantly improved.In 1995, China defined clearly that copyright may be pledged in legislative form in the "Guarantee Law" for the first time, conforming to development of the knowledge economy and commodity economy's need. However, on one hand, as the weak basis of domestic property rights legislation, copyright legislation and research lags behind; on the other hand, relative to other security interest, the history of copyright pledge is very short, also a new type, and the experience foreign countries can learn from is relative less. China's "Guarantee Law" relevant to provisions of the copyright pledge is principle, and copyright law has not its further refinement, leading to practical examples in the copyright pledge almost blank. Lack of theoretical system research on Copyright Pledge, Legislative behind relatively, and absence of related systems are the important reasons that the copyright system does not get enough attention.The use of copyright is an important system of copyright law, which makes the interests of the copyright owner, disseminators and users of the interests organic combination, the real achievement of purpose and philosophy of copyright law. The most immediate purpose of property law is to clear ownership of property, and play the effect. As a System of security interest, the basic purpose of establishing system of copyright pledge in China is to play a greater effectiveness of copyright--- "making the best use." Copyright that implies tremendous value will play an increasingly important role in economic activities in the future. How to reflect more effectively this value of the copyright of and the this principle of "best use", establishing and improving the system of copyright pledge is an effective approachAs an important means of financing, Copyright Pledge provides an effective financing channels for the development of Chinese enterprises, combing their legal relationship to achieve financing and removing some legal obstacles. Carry out the copyright pledge timely, both with the countries on strengthening independent innovation and building an innovative country's strategic decision, and supporting rapid growth of technical companies, while can expand access to banks credit, and dilution of credit risk. Therefore, carrying out the work of copyright pledge has a positive meaning to the state, enterprises, banks, and the community.But under the China's current circumstances, the system of copyright pledge is not perfect in terms of operating system or specific legislation, so the pledge of intellectual property is not carried out very well in ChinaThis article makes a brief overview on the system of copyright pledge firstly. From the basic concepts about copyright Pledge, clarify the specific content of the copyright pledge, and the gradual evolution of from system of the pledge to the system of copyright pledge from a historical perspective; the legislation system of copyright pledge, from provision on the "quality" in ancient China to the latest "Property Law" promulgated, until "Copyright Law" amendment recently, introduces the development process of Copyright Pledge system completely.Secondly, analyze on the copyright pledge from the theoretical in the controversial part. Specific analysis of the characteristics, the nature, the subject, the allocation of rights and obligations of a series of content about system of copyright pledge a, and the basic values and functions of the Legislative theoretically, also analyze the legislative intent of the system of copyright pledge, and the value function in practice,Finally, analyze of the present status on the system of copyright pledge detailed from the legislative level and implementation level of the copyright pledge. Point out that China's current copyright pledge has shortcomings in practical, laws and regulations in the relevant, and the specific operating system. To solve these problems, including legal factors, technical factors and institutional factors, proposed the corresponding countermeasures.