Research On The System Of Trademark Right Pledge

With the growing proportion of the development of the information age, knowledge products and other intangible assets in the wealth of society. Important part of the trademark as a knowledge products, and its role is not limited to play in the use value, its exchange value for the right to bring considerable benefits, such as the pledge of trademark rights, can promote the use of the trademark, improve its economic value, but also promote financial intermediation, and bring more profits for the enterprise. The development of the socialist market economy, more and more capital investment, trademark pledge as an important means of financing will be subject to enterprises of all ages.In China, the trademark pledge has very important significance for the development of socialist market economy. Since the reform and opening up, China’s commodity economy at an unprecedented rate rapid development, the emergence of a large number of famous brands and well-known commodity. The trademark pledge financing role in urgent need of further play. Judging from the international market, trademark is a powerful weapon for the development of foreign trade. Commodity more competitive on the international market, the well-known trademark, to win the international market.Constantly improve the system of trademark pledge will help to ensure the sales of China’s exports of goods, and promote the development of the cause of China’s foreign trade.In this paper, the concepts and features based on the analysis of trademark rights pledge, the use of comparative law, and empirical methods, the trademark of the developed countries and China pledge system were analyzed, and pointed out that China’s current trademark pledge system defects and problems, and proposed a number of specific measures to perfect the pledge of China’s trademark system and legislative proposals. The article is divided into four parts.Analysis of the basic theory of trademark rights pledge from a multidimensional perspective, start with the natural rights and attributes of goods to analyze the concept of trademark rights pledge, and then from the subject, the establishment of the elements of risk to interpret the characteristics of the trademark rights pledge focuses on trademarkrights pledge to meet the conditions discussed inseparability and other legal property from the property and also elaborated on the trademark as intangible assets, the right to a separate pledge financing, thereby establishing a financing mechanism of intangible assets, for the great reality of today’s economic life significance.The second part discusses the developed countries and Taiwan, China pledged by the Hong Kong trademark law and its draw. That portion from the perspective of comparative law, the representative of the United States, Germany, Japan and other developed countries and China’s Taiwan and Hong Kong’s legislative requirements and practical operation, inspection and evaluation. By examining, noting that the trademark rights pledge has become an increasingly important financing by way of security in the era of knowledge economy, despite the different country-specific regulations, but maintained a relatively consistent to meet the needs of the social development situation, both in law to trademark pledge to the recognition and protection, provides specific operating procedures, and actively create the corresponding supporting measures and supporting institutions to prevent risks. According to our country a place of inspiration and reference, can be pledged in the registration authority, procedures, trademark and other property rights package, the specific type of explicit pledge trademark law, the establishment of the domestic trademark free flow and pledge unified market. Need to absorb and learn from these experiences of developed countries.The third part discusses the major shortcomings of China’s trademark pledge system, the first legislative style pledge from China’s trademark system, exposing the lack of existing trademark rights pledge law personality, too plain and principles, followed by trademark rights in China The pledge of the physical system, there are still many deficiencies, including trademark rights pledge object is not clear, pledging the existence of these limitations to the trademark rights of pledge financing role play makes it difficult, hindered trademark pledge to the formation of health financing environment. The trademark pledge program system again, trademark pledge publicity deficiencies and trademark pledge defects trademark pledge difficult to smooth and effective assessment system.The fourth part is the core of this paper is the paper mainly innovation. The pledge of China’s trademark system perfect, we must first learn from the foreign trademark rights pledge legislation, and constantly improve the legislative system of trademark rights pledge. This is the premise and foundation of the perfect trademark pledge system. The trademark pledge entity regime, trademark pledge to re-examine the object of the trademark pledge financing to further expand the scope of trademark pledge the perfect trademark pledge to become more secure and reliable. The trademark pledge trading platform for the construction of the trademark rights pledge to become more efficient and convenient. The further improvement of the pledge program system including the establishment of the modern trademark pledge registration system, improvements to the trademark value assessment system would further contribute to the trademark pledge process reliable specification.Trademark as a private property rights, the value in rising into the applications in the era of knowledge economy will be more and more widely, only to maximize the value and role of the wealth of knowledge, in Western countries in order to account for competition in the information advantage to gain a foothold, improve our trademark rights pledge system is an important.