A Study Of Issues In Regulating Risks Of Patent Pledge Financing

Under the background of deeply implementing the national innovation-driven strategy and the national intellectual property strategy,patent pledge financing as a national long-term policy,for the small and medium-sized science and technology enterprises,is not only an important means to solve the financing difficulties,but also an advantageous safeguard to promote the transformation of scientific and technological achievements.However,in the current models,the government plays a leading role in the patent pledge financing and because of the difficulties in financing for the small and medium-sized science and technology enterprises,its system lays more emphasis on protecting the interests of the pledgers.Accordingly,risk prevention strategies of the patent pledge financing are accomplished with the help of the government performance appraisal mechanism.However,with the development of the market economy,gradually patent pledge financing models are transformed from the government leading into the market leading,so the risk regulation strategies should be transformed from the government leading into the law leading.At the same time,it is the nature of the patent pledge financing that the enterprises use the potential value of patents and the future cash flow as a repayment guarantee.Banks expect that patents can remain profitable so that the enterprises can repay the debts in time.So it is necessary to balance the interests of the pledgor and the pledgee,the interests of the guarantor and the guarantee.Therefore,although there are many risks existing in the activity of patent pledge financing,it is not the best time to solve all problems.According to the difficulties in practice,it is the best time to realize the key breakthrough,and then solve other problems step by step.In order to guarantee the debts,the secured parties need to encourage patent holders to use patents as much as possible.But on the other hand,some elements have an impact on the activity of patent pledge financing,such as imperfect assessment mechanism,transaction information asymmetry and undeveloped patent trading market.Thus,risks of assessment,trading and disposition will reduce the secured parties' interests.From the perspective of the secured parties,how to use the power of the systems to regulate these risks? How to make the banks accept the patent as a repayment guarantee under the current legal framework? All these questions are important topics for us.Therefore,firstly,because of low qualification of evaluation subject,lack of evaluation information disclosure and unperfected responsibility mechanism,it needs to establish an authoritative,fair,professional,and reliable patent assessment agencies to relieve the secured parties' concerns.At the same time,it needs to mandatory disclosure of patent evaluation information and strengthen the civil liability of the assessment agencies and appraisers to improve the quality of the patent evaluation reports.Secondly,due to the limitation of patents trading during process of the pledge activities,imperfect escrow system and pledge unsound security system,it can choice to amend article 227 of property law to reduce restrictions and modify the escrow notarization rules to improve the system of the escrow.And it needs to flexibly use article 74 of contract law and article 193 of property law to reduce the risk of patent trading.Thirdly,once the pledgors cannot repay the debts on schedule,because of limitation of the current property law,and security law,the secured parties can only choice three methods to dispose patents,that is,discount,auction or sell off.All these ways are closely connected with the development of patent trading market.Therefore,under the condition of these limitations,it is necessary to coordinate the conflicts between paragraph 2 of article 61 of auction law and article 150 of contract law,develop the patent transaction market,and broaden the ways of disposing patents to reduce the risks after the patent pledge financing activity.When necessary,it can add a new kind of insurance for patent pledge financing as a method to reduce its risks.