Protection Of Trademark Pledge Financing Risk And Legal Countermeasures

At present,for the intellectual property pledge system,although in our "property law" and "security law" and other laws have the relevant provisions.However,because of China's intellectual property pledge system from the theoretical research to the judicial practice in the supporting system development lag and other reasons,resulting in China's current pledge in the intellectual property pledge,can not effectively play as intangible property intellectual property rights should be the value.As a trademark of one of the important rights of intellectual property rights,it is not only as an important indicator of the identification of goods,and its function as a corporate finance is also increasingly prominent.Although China is not the pledge of trademark financing as a major financing guarantee model,but more and more enterprises are also trying to this new way of financing pledge for the development of enterprises to provide new financing channels.The so-called trademark pledge financing risk,refers to the trademark rights in the pledge of financing during the period,due to the characteristics of the trademark rights of their own,will produce the use of trademark value loss,reduction,transfer and a series of risks.The risk of trademark pledge financing is due to the uncertainty of the main body of the trademark right,the instability of the value of the rights and the poor ability of the right to change the flow value.These factors lead to a greater risk of tradernark pledge financing,but also a lot of financial institutions discouraged reasons.In view of this,this paper will analyze and discuss the relevant basic theories of the rights and pledge system of trademark right and the outstanding issues that China now faces in judicial practice.This paper consists of two parts:introduction and text.The introduction mainly introduces the research background and significance of the pledge financing of trademarks.The text consists of three parts,the first part:the outline of the pledge financing of the trademark rights,the legislation and practice of the pledge financing of the trademark right;Part two:the risk of the existence of the pledge of the trademark right and the reasons for its emergence;The third part:is trademark pledge financing legal risk prevention,mainly according to the reasons of the trademark rights pledge financing risk,targeted response to trademark pledge financing risk legal countermeasures are put forward.