On The Risk And Prevention Mechanism Of Intellectual Property Rights Pledge

Knowledge-based economy as the main theme of the era, IPR as a new form of capital, itplay an important role in creating science and technology, promoting economic growth andmaking the country more competition. With the progress of society and the economycontinues to develop, the capital forms are constantly updated. The major developed countriessuch as USA, Japan, Korea, Europe and other countries began to study how the intellectualproperty into capital early in the last century, IPR pledge as a major form of intellectualproperty capitalized emerged. IPR pledge, means that the debtor through the law-form pledgetheir intellectual property rights which can be transferred to the creditor, then the creditor loanmoney to the debtor. IPR pledge becomes an important way to solve financial difficulties tomodern enterprises, especially SMEs. It provides a new financing channels for the comprises.The IPR pledge implement in our country is later than other countries, the relevant theoreticaland practical study also lag behind.But also, IPR has a lot of special risks and barriers topledge, and our country has not better mechanism to prevent IPR from risks,those factorblock its development. In view of this, I discuss the study of intellectual property mortgagerisk, causes, and existing practices of other countries and districts, then try to solve theproblem of preventing and controlling the risk of intellectual property rights pledge. Thesis isdivided into five parts:The first part is the introduction. The author in this part of the paper describes thebackground, methods and content of the study. Japan, South Korea and Western countriesbegan to explore the impact of IPR pledge financing business in the last century, after years ofpractices, their intellectual property pledge businesses had matured and played a huge role intheir economy. Since2008, our country began to promote IPR pledge experimental work insome provinces and cities nationwide, provinces did a lot of work in exploration andinnovation. But there are several risks of intellectual property pledged so that our country stilldon not research IPR pledge theoretically,has not established a legal standardized. Now thedevelopment level of different provinces’system are different, this phenomenon make itdifficultly promote in the country. Overview of recent years, the majority of researches studythe theory from the single view, for example evaluation, transfer and so on. Lacking ofintellectual property pledge Construction of the system of risk prevention system, so I want toexplored the topics further.The second part studies the theory of the intellectual property pledge risk. I learned thebasic theoretical concepts and features of intellectual property pledge their risks. Firstly, Idiscus the theoretical concepts of intellectual property law and legal characteristics of thepledge rigorously.Elaborated several major domestic IPR pledge theoretical concepts whichrecognized by scholars and practitioners, then compare their reasonable place andshortcomings.Put forward my own humble opinion about the legal characteristics and thetheoretical concepts of intellectual property. Secondly, the author defines the definition of therisk of intellectual property pledge definition, and then analyzes the risk of intellectualproperty pledge particularly. Finally, this section discusses detailed the risks of major IPRpledge forms, which including legal risk, economic risk, assessing risk, liquidity risk. The third part of the paper introduces the cause of intellectual property mortgage risk.The cause of the intellectual property mortgage risk are so many, so this paper mainlyanalyzes the legal cause to be. The basic reason which arouses the risk of collateral is theinherent characteristics of intellectual property rights, including dual properties, timing andregional, intangibility, exclusivity, granted by the State and so on. Level of current legislationis not uniform, legal content is incomplete, registration and management system is notuniform, can not provide a sound legal environment for intellectual property pledgeFinally,the section analysis how the imperfect intellectual property assessment system and tradesystem arouses the risk.The fourth part researches the domestic and international intellectual property as securityrisk prevention mechanism comparative study. Firstly, the author introduce several majorintellectual property in domestic: Beijing model, Shanghai mode, Wuhan mode, Xiangtanmode, Neihai mode, Chongqing mode.Through comparative analysis the character andindividuality of these mode1,I sums some experiences which can be used to control and buildthe risk protect mechanism of the intellectual property pledge. Secondly, to introduce theintellectual property pledge practices of the USA, Japan, South Korea’s, and comparativelystudy their prevention experience. The U.S. mode has obviously characteristics ofmarket-oriented, so the more successful experience of Japanese and Korean models are morefit to our IPR pledge.The fifth part, my own suggestions about IPR pledge risk prevention for improvement.Suggestions for Improvement of intellectual property mortgage risk prevention. This part isthe conclusion of the study and the topic innovation of research. Considering and explore thepledge risk and factors which contribute to intellectual property risk, learn from theexperience of domestic and foreign intellectual property pledge innovative risk preventionmechanism, try to structure and build the preventive mechanisms of the risk of intellectualproperty rights pledge to build.Improve the legislation of intellectual property pledge: aunified legislative level, the expansion of legal content, improvement of the registrationsystem.Build the sound IPR pledge supporting systems: improving IPR pledge assessmentsystem, building a sound system of intellectual property rights pledge transactions.Build IPRpledge risk prevention mechanism: Reinvent the role of government in intellectual propertypledge, establish specialized agencies managing the IPR pledge, build multi-stakeholderrisk-sharing mechanisms.