Research On The Legal Problem Of Copyright Pledge In China

Ever since intellectual achievements was protected by laws, particularly after the second world war, intangible assets such as intellectual property had become increasingly significant. Along with the global financial crisis, the status of tangible collaterals such as estates and lands is shaken, financial institutions are seeking for new ways of credit, and the enterprises need new methods of credit urgently, so rich in economic value of intellectual property rights become the junctions of the quest. Nowadays, how to make the most of intellectual property, and achieve a qualitative leap from static management to dynamic utilization, has become a country’s key factor to enhance innovation capability and core competitiveness. Practice shows that intellectual property guaranty has become the inevitable choice of modern business.As one of the three big pillars of the intellectual property, copyright has more cultural values than patent and trademark privileges, it’s the inexhaustible power to promote cultural development. Meanwhile, copyright also embodies both cultural values and property value, it’s both viable and exchangeable. Among all, copyright pledge is one of the most significant ways to embody the valuable utilization of copyright. It’s more than a way for copyright owners to use copyright, but also an effective method to promote financing guarantee. In recent years, as a result of the increasing copyright pledge financing guarantee, theoretical discussion is increasing as well. However, as copyright is different from the tangible collaterals, plus the lack of theoretical study and system specification, copyright pledge are still developing with difficulty. The legal issues are mainly about the range of the pledge, registration effect, rights conflict and protection of rights.This article is based on the basic theory of the real rights for security, it discusses property and special value of copyright itself, using legislative experience abroad for reference, putting forward personal opinions and suggestions for improvement aiming at the current isseus in copyright pledge.At the first part, the article suggests that expected copyright should be included in collaterals, as in resent years, excessive volume of related issues have appeared in the practice areas. Part two of the article discuss the status quo of conflict between personal rights and property rights of copyright, and suggests that both licensing and presumpting should be utilized to restrict personal rights of copyright. The next part suggests that, in order to improve trading effect, egistration antagonism is the right method to identify the potence of copyright pledge. At the last part, the article suggests that pledgee’s consent rights should be abolished, meanwhile repeatable pledge rights be given to pledgors, for the sake of balancing the interests of both sides, and finally promoting the realization of copyright’s value up to the hilt.