Legal Definition Of Intellectual Property Security

Intellectual property as an important driver of scientific and economic development’s position has become increasingly prominent in today’s society,with the development of the intellectual property, the intellectual property market is emerging.Intellectual property financing actually backed out as well as expected, ominous predicament in the practice,and the main reason is the lack of strong support and protection in the legal system.Our pledge of intellectual property law, controversy not only in theory, in practice,is also lacking in maneuverability. Therefore, how to correctly locate the legal character of intellectual property security, seeking the best ways to promote the development of intellectual property rights guarantee of intellectual property rights, is very significant.Although the Property Law, the Guarantee Law and relevant judicial interpretations had fixed,the dilemma of theoretical and practical makes it worthy of discussion and research.With the comparison study, historical research and logical analysis method,discovered fundamental problems of intellectual property pledge loan guarantees, and explain and justify intellectual property collateral and inevitability, and provide the related legislative proposals.Paper is divided into four parts:First part,through compared method on intellectual property guarantees system,introduce and analysis different method Department national treats,according to the actual situation,learn the benefits from their experience.Second part,recognize the development process of the intellectual property security system,analysis our current predicament of intellectual property pledge loan guarantees,clarify the issues arising from the applicable rules of movable property.Third part,from the characteristics of intellectual property,in the accurate cognition of mortgage and pledge to distinguish the standard premise,point out the necessity and legitimacy of intellectual property mortgage.Fourth part,based on the theory of intellectual property mortgage,reference United States unified commercial code Ninth series "movable guarantees unified"system of legislation experience,make advises to prefect our intellectual property guarantees system,and promoting the development of intellectual property financing.