Research On Copyright Pledge

Copyright pledge is an important aspect of using system. With the coming of knowledge economy, great attention had been paid to intellectual property rights. Compared with the previous manifestations of wealth in society ,nowadays wealth has undergone great changes, not just in the manifestation of the wealth of land, property, resources, real property and other tangible assets, but also including patents, trademarks, goodwill, copyright and other intellectual property, including intangible assets. Especially for some high-tech enterprises, the new meaning of wealth is very important, because the expression of their property is more intangible, such as intellect property. These enterprises aims to develop a certain way through the financing, copyright and other related intellectual property as security for these companies ,providing new financing channels.Firstly, This paper analyzes the conception and features of the copyright pledge, from the most general theory of copyright pledge to proceed, with the difference between the concept of chattel mortgage, in-depth analysis of the basic theory of the copyright pledgethe long-awaited "Property Law" promulgated in 2007.However, the "Property Law" requirements doesn't break the original "security law" in some respects .Limitations in the issue of intellectual property provisions of the pledge are still rather rough and general, there are not exist the content of pledge of intellectual property, the publicity of intellectual property pledge, the realization of security interests, intellectual property royalties and other details to make a detailed answer.Secondly, Discussion about problems of copyright pledge among the "Property Law" of intellectual property law and copyright law with its implementation rules, there are some convergence issues. For example, our "Property Law" clearly provides intellectual property as collateral , which must be "transferable." The copyright licensing is not clearly whether the right to pledge, "Copyright Law" provides the transfer of the copyright for the holder of copyright and license to use the right situation. But again, this produced under section 24 whether the license right to use "Property Law" Article 223 "transferable rights" is unclear. "Copyright Law Implementation Rules," Article 25 of the transfer of copyright and license "may" in the management department for registration. However, in the "Rules for the Implementation of the Copyright Law," there is no copyright pledge, or pledge the right to use copyright licensing regulations. Under the "Property Law" provisions of Article 223 of the copyright pledge was effective only in the rear registration.Thirdly, existing studies lack theoretical depth, which limits to the surface of the Copyright pledge system problems and some conclusions drawn from these studies is questionable, there is misleading. In addition, there are a number of important issues,which need to be discussed, such as the value of the copyright system, the pursuit of the right quality and balance issues and the conclusion of the contract and the registration of the copyright pledge, the parties have no right disposition, unpublished copyright works should be focused on such issues as the pledge for study.Finally, Try to find out the perfect way and better our perfect system of copyright pledge, which fully reflects the value of the copyright pledge system, and propose legislation to outline the relevant departments for reference.