Research On Guarantee Mechanism Of Intellectual Property Pledge

Shanghai is building a global technological and innovation center,small and medium-sized science and technology enterprises as the main force of Shanghai Technological and Innovation Center,intellectual property has become its core competitiveness.However,in the early days,because of the limited size of enterprises,there must be a lot of financing needs.However,unlike traditional enterprises,to obtain bank loans,such enterprises is difficult to provide such as factories,land and other real estate for security,can only be used as a guarantee just like patents,trademarks,copyright and other intellectual property class intangible assets.In reality,because of the complexity and high risk of intellectual property pledge,the banks rarely provide pure intellectual property pledge loans.Even if they obtain such credit,there must be still shortcomings such as small borrowing amount,short term and high financing cost.Intellectual Property Pledge is different from the pledge of chattel and other rights,the instability of its rights and the volatility of its value,coupled with the imperfect legislation and related supporting mechanisms,undoubtedly hindered the smooth development of China's intellectual property pledge financing business.Therefore,it is necessary to carry out in-depth study and discussion on the financing guarantee mechanism of intellectual property pledge in China.This article mainly composed of the following four aspects: First,from the basic theory of intellectual property pledge financing,a clear concept of intellectual property pledge and the basic characteristics and the importance of carrying out this business.Secondly,it analyzes the present situation of domestic intellectual property pledge financing,and reveals the main problems in legislation and practice operation.Thirdly,on the basis of analyzing and comparing the successful experiences of the developed countries such as the United States and Japan,this paper draws lessons from and inspiration to the development of this business in China.At last,the author puts forward some suggestions on perfecting the financing system of intellectual property pledge from the three aspects of perfecting the legal system of intellectual property financing,perfecting the supporting mechanism,and preventing the risk of the commercial bank from carrying out the business.