Study Of The Legal Issues Of Intellectual Property Right Of Pledge

Economic globalization and knowledge revolution have great influence upon the Intellectual property right. Intellectual property right can be pledged by the transfer of Intellectual property right and set the target of the right to be secured creditor's legal system, which crests the condition for the realization of the value of Intellectual property right exchange. Thus developing Intellectual property right pledge for financing has become the consensus of the all circles of society of our country. The Real Right Law of the People's Republic of China has substantially revised the part of right pledge of Security Law. However, the regulation of publicity of the right pledge in the Real Right Law is too simple to be lack of interoperability. In addition, the particularities of Intellectual property right cause that there and some particularity in the contract concluding, legal effectiveness and implement of Intellectual property rights pledge.In foreword of discourse, author expatiate the background and significance of study that Intellectual property right pledge. And introduce literatures that study its. Especially in introduction some point of views that a vexed question of right pledge and Intellectual property right pledge. Such as:definition of pledge of rights. Contract of intellectual property right pledge is creditor's rights contract or real right contract. When Intellectual property right pledge was settled, whether or not be tradition the certificate of Intellectual property right. How perfect registration law system of intellectual property right pledge.Based on this, this thesis plans through combining theory and practice to discussing all step of Intellectual property right pledge legal system. And how we should deal with these problems to put forward own standpoint in the term of intellectual property right pledge system. Concretely analyses as follows:First chapter it firstly described the confines of intellectual property right pledge. The conception of intellectual property right pledge and legal character of intellectual property right pledge be comprehensive academic analysis. Intellectual property right pledge that is the debtor or a third person 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 be paid in priority rights. Confines of intellectual property right pledge constituted statutory provision by real right law. The author makes comparative studies from general pledge.Second chapter expatiate general rules of intellectual property right pledge system, using the general theory of pledge. Analyzes including the subject matter of intellectual property right pledge, the execution of intellectual property right pledge, Explores some especial questions of subject matter of patent right pledge, trade makes property right pledge and copyright pledge. Lastly point out the requirement of the settlement of intellectual property right pledge, which the making of the contract and the registry of the intellectual property right pledge.be compatible in china.Third chapter analyzes the effectiveness of intellectual property right pledge. Analyzes the implement and extinction of intellectual property right pledge too. At one time point out legal system should confine the effect on the subjects of the pledge of intellectual property right in detail, and should clarify the rights and obligation of the both parties.Fourth chapter analyzes intellectual property right pledge development and practices both in several countries and region, which reflect the different orientation of intellectual property right pledge in different nations.Fifths chapter analysis of situation of intellectual property right pledge system in china, point out the current practice of publicity system exist inadequacies, which seriously affected the intellectual property right pledge applications. There are legal problems of conflicting legislation and lack of legal rule in intellectual property right pledge legal system. In addition, there are problems of miscellaneous item and so on in intellectual property right pledge registration system. Finally, In order to perfect its further, the author put forward own standpoint in intellectual property right pledge legal system. Unification of legalese in intellectual property right pledge; Increase rule of effectiveness in intellectual property right pledge; predigestion of registration item in intellectual property right pledge; Deletion non necessary execution acts; To establish a single registration and publicity system.