Study On The Pledge Of Intellectual Property

The plede of intellectual property refers to the pledge that the debtor or the third party sets legally over the transferable intellectual property as the guaranty of debt. When the debetor fail to fulfill the debt on an appointed date, the creditor will have the priority to receive compensation by selling in discount, auctioning, or capitalizing the intellectual property. The pledge of intellectual property has the features of the obvious valuable, the possession with no need to transfer the target after the pledge is setted, and the high risk. However, the high-risk feature weakens the guarantee function of the pledge of intellectual property.In intellectual Economy Times, it is of great importance to strengthen the guarantee function of the pledge of intellectual property. Therefore, on the one hand, the egislation of intellectual property system needs improving. On the other hand, the related supporting system of the pledge of intellectual property needs enhancing.The pledge system of intellectual property covers four aspects:the target, the content of rights,the set-up and the implementation.The legislation of the pledge system of intellectual property should be improved in four aspects:Such as, to clear the scope of the pledge target; to balance the interests of both sides of the subjects;to detail the rules for the establishment of the pledge;to establish the judicial process of the pledge realization,and so on. In addition,special problems in the scope and the establishment of the pledge target should be to further clarify,such as to clear the appropriate qualitation of the future film and television works, well-known trademark is not registered, patent licensing right etc; to clear intellectual property rights can be repeated to set and sub-set, to unified established quality rules and the rules on transfer to ensure the security.The related supporting systems of the pledge of intellectual property mainly include the valuation system of intellectual property, the trading system of intellectual property, and the risk control mechanism and dispersal mechanism of the pledge of intellectual property. The integrity of related supporting system needs the improvement of the legal norm of intellectual property valuation, transactions, and checking procedures. Meanwhile, it is necessary to found the management system of intellectual property valuation, to cultivate the market system of intellectual property trading, to introduce the insurance system of intellectual property, and to establish the risk compensation system.