Research On Legal Issues Of Intellectual Property Right Hypothecation In China

With the development of market economy, especially the growing of knowledge economy, the intangible asset with the right of intellectual property as the most important content plays an increasingly significant role in the construction of national economy. In the long-term practical work, the conversion of the intellectual property right becomes one of the most difficult issues, and some new problems come out in the term of existing intellectual property right hypothecation and financing system. Under this circumstance, it seems important to carry out the research on hypothecate and financing in intellectual property right. In this dissertation, the writer tries to make some proposals to deal with the legal problems in the intellectual property right hypothecation.The research background, the research significance and research status quo are presented in the first part. In the knowledge economy era, if a country wants to improve the comprehensive national strength, and enhance the international competitiveness, it must support the small and mid-sized enterprise to promote their development. For a science and technology enterprise, it has the advantage of possessing independent intellectual property rights. If the enterprise can not or have no way to transform the intellectual property rights into capital, the advantage in the competition will be out of action. The key to develop the science and technology enterprise is to figure out how to transform the intellectual property right into captial. A new type of financing guarantee-intellectual property right hypothecation might be of help. In the increasingly competitive environment, it has an important significance for easing the financing pressure of the enterprise, speeding up the enterprise development and promoting the coordinated development of the market economy in our country. But there seems no systematic study of the intellectual property right hypothecation.Starting with the basic theories of the intellectual property right hypothecation, in the second part, the author firstly introduces the concept of intellectual property right hypothecation, elaborates the content of the intellectual property right, and discusses some new problems related to the new product of the intellectual property right hypothecation in the recent years. For example, it is argued that neighboring right, the right of trade name, the right of commercial secert, the right of geographical indication can be pledged or not. The author thinks that neighboring right contains a transferable property therefore it can be pledged. The imperfect law system and the own charatersitics make the intellectual property right hypothercation have some shortcomings. It is undeniable that intellectual property right hypothecation is the best way for enterprise to get capital. So it is necessary to analyze the necessity intellectual property right hypothecation. Finally the feasibility of intellectual property right hypothecation is discussed in theory and practice.In part three, the’author presents some risks of intellectual property right hypothecation, such as legal risk, valuation risk, inflation risk and the risk of disposal, difficulty of liquidation and the high transaction cost increasing the risk of disposal.In part four, the author introduces a market-oriented model in USA and a government-orient model in Japan and holds that the Japanese model is more suitable for China. Intellectual property right hypothecation has a lot of high risks. It is inappropriate that running by capital market purely, thus government intervention is necessary.As the most important part, the fifth part shows the author’s standpoint in the term of the system, in order to improve the related system of the intellectual property right hypothecation. In terms of legislation, such as expanding the subject of the intellectual property right hypothecation, let one intellectual property right hypothecation repeatedly legalization. In terms of the external financing environment, the author puts forward the proposal in the terms of the valuation of intellectual property, financial innovation and the trading market.