China Patent Pledge Financing Legal System Perfect

Patent pledge of rights pledge, refers to the ownership, usufructuary rights other than with alienable property for the subject and the establishment of the pledge.The pledge of rights in Rome law already exist, according to scholars, the gifted with clothianidin period, right already the pledge. The ancient Germanic law concept of property and the Rome law to have the remarkable difference, and provides no rights can be used as a kind of intangible property in the property. Thus in Germanic law couldn’t exist of pledge to right system. Modern civil law countries influence from Rome law, all about rights pledge. In the countries of Anglo-American law system, the pledge of rights also exist, especially in the United States of America" UCC" will be the right pledge of governance within the.Since the founding of new China for a long time in the pledge and mortgage regardless of the state security law, enacted in1995the formal distinction between mortgage and pledge pledge, and clearly distinguished as chattel pledge and the pledge of rights. Following the law, China has successively promulgated a series of pledge on property rights laws and regulations and judicial interpretations. This is the legal foundation of patent pledge.Guarantee law clearly stipulates:the exclusive trademark rights, patent rights and property rights in copyright can pledge" in the pledge, provisions of the patent, trademark and copyright can be pledged as collateral. But in the specific practice in this way has not been widely effective utilization.this paper take patent right pledge of real economy function and its system defects as the breakthrough point, analysis and improvement of patent pledge necessity of the legal system, and further combining with the practice, the legal system should be how to improve, in order to maximize the realization of its functions.Research on patent pledge financing legal system is of great significance. This article is for the purpose of the patent pledge financing legal system basic theory, in order to patent pledge system defects as the breakthrough point, analysis and improvement of patent pledge legal system the necessity and the importance, put forward suggestions on patent pledge financing, perfect legal system, it is the only way to the maximum extent possible to achieve its auxiliary and standardizing function. The first part is mainly about the patent pledge financing for this research is divided into five parts:the first part is an introduction. From the patent pledge financing concept, nature, characteristics and other aspects of the patent pledge financing of. Also, introduced Japan, the United States and China patent pledge financing legislation present situation, and discusses the legislative value. The third part of patent pledge financing legal system defects of. Focus on patent pledge financing system defects research. Patent pledge financing and lack of unified legal basis; and other intellectual property rights of patent pledge pledge disperse registration system is not perfect; the patent right pledge evaluation norm system; our current patent pledge financing specific to the defect of legal system; our country patent pledge financing legal system operation defects; patent in China mortgage financing risk prevention system and lack of our country patent pledge financing legal liability for inadequate. The fourth part mainly put forward perfect our country patent pledge financing legislation suggestion.