The Legal System Of Intellectual Property Pledge Financing Research In China

Intellectual property pledge financing,the specific implementation,based on the Intellectual property pledge financing refers to the enterprise or individual will be legally owns the intellectual property rights contained in the evaluation of the provided to banks and other financial institutions as the pledge to apply for a loan,relative to the traditional financing mode mainly depends on the real estate as collateral,the participation main body,financing process and risk prevention,etc have obvious difference,is a new kind of financing way.Money is necessary for enterprise development,especially for small and mid-sized enterprise,their own loans is limited and the small and medium-sized enterprise has no fixed assets as collateral,the bank loan cannot satisfy the development of small and medium-sized enterprises.Promote the development of intellectual property pledge financing can make full use of science and technology advantages of the enterprise,the intellectual property is converted into capital,not only solved the enterprise funds shortage,also help ease China's financial institutions because of excessive dependence on land,real estate,machinery,equipment and other tangible assets as collateral financial financing products innovation difficult predicament,more help to revitalize the intellectual property rights market in China.Intellectual property pledge financing mode operation in the United States,Japan and other developed countries has been very mature and perfect,our country intellectual property rights financing pilot began in 2008,the financing mode at the stage of exploration and infancy,highlights the financing activities of the imperfect legal system,intellectual property rights pledge treatment of high risk.In 2015 the state council issued "about further promoting intellectual property's opinions on financial services,and puts forward the focus" to deepen and expand intellectual property pledge financing work";The third plenary session of the 18 emphasis on "strengthening" use and protection of intellectual property rights;18 the fourth plenary session of the party clearly put forward "improve the system of innovation of property rights,intellectual property protection system,and promote the transformation of scientific and technological achievements of systems and mechanisms".This article is under such a background,the intellectual property pledge financing a series of problems were discussed and put forward the perfect proposal.In the first part of the article introduction puts forward the research background and significance,research status and research methods.The second part of the article mainly pilot experience in intellectual property pledge financing in guangzhou as an example,introduces our country intellectual property pledge financing pilot basic situation.The third part of the article,from the perspective of the legal system of intellectual property pledge financing and theoretical analysis,detailed elaborated the intellectual property pledge financing,the legal definition of intellectual property rights pledge properties defined academic differences are analyzed.The fourth part is the comparison of foreign intellectual property pledge financing analysis and reference,mainly introduced the market features obvious American intellectual property pledge financing mode and the Japanese government dominant intellectual property pledge financing mode.The fifth part is the focus of this article and innovation points.Based on the legal system of our country intellectual property pledge financing present situation,the author to solve the problem of intellectual property pledge financing system put forward some Suggestions.