Enterprise Ipr Pledge Financing Risk Control Discussion

In the context of the financial crisis, solving the financing problem of SMEs and playing intellectual property secured financing functions have a major theoretical and practical significance. As one of right pledge, the pledge of Intellectual Property owns its unique characteristic---intangible, which leads to have some problems and risks in theory and practice compared with other rights pledge and mortgage or pledge of tangible property. And Intellectual Property pledged in China is relevant late, relevant theoretical research lags behind, with practice only in some provinces and cities which have corresponding defects. There is no unified legislation and mode applicable in this whole country. There are some problems and risks existed in the practice, it is of significance to solve and control such problems and risks,In view of this, the author post into five chapters, the basic theory of Intellectual Property pledge, foreign-related legislation, domestic collateral pattern, the risk existence and control of riskChapterⅠ—the basic theory of Intellectual Property pledge. In this chapter, the author defines the pledge and the pledge of rights, then the concept of Intellectual Property pledge. The author also analyze feature, and give the legal status of the Intellectual Property pledge combined with the existing dispute of the nature.ChapterⅡ—overview and analysis of financing of foreign pledge Intellectual Property. This chapter is based on the regulation and practice of Intellectual Property pledge in United States and Japan. The author makes objective analysis, the respective strengths and weaknesses, and on this basis, summarizes the benefit of legal experience in China.ChapterⅢ—financing model of Intellectual Property pledge in China. Through analysis of current several main financing mode of Intellectual Property pledge: Shanghai Pudong mode, Beijing mode, Wuhan model, the author identifies their own characteristics and common problems, laying the foundation of the risk control and improvement of the process of financing.ChapterⅣ—Intellectual Property pledge financing risks. Combination of the basic characteristics of Intellectual Property rights and the practical operation of the problems, the author analyzes and summarizes the current Intellectual Property pledge financing risks:the risk of Intellectual Property valuation, the credit risk of Intellectual Property pledge, risk of Intellectual Property realization and legal risk of Intellectual Property.Chapter V—risk control of Intellectual Property pledge. In this chapter, the author proposed control measures of risks mentioned in Chapter IV to improve the theory and practice of Intellectual Property pledge.