The Problem Research On Legal Risk Prevention Of Intellectual Property Pledge In China

Intellectual property pledge acting as a new method of rights pledge,compared with traditional pledge methods,has many advantages such as flexibility.It is favored by medium,small and micro-sized enterprises and technological innovation enterprises.Intellectual property pledge started earlier in the United States,Japan,and other developed countries,and its system is relatively perfect;while it started late in China,and there are many legal risks in actual practice.The legal risks of intellectual property pledge in China are mainly manifested in the unclear ownership of the pledge object and the risk of efficiency instability,the uncertainty of the pledge object's value,and the lack of effective channels when liquidating the pledge right.The existence of these legal risks has objectively hindered the development of China's intellectual property pledge,and it is vital for it to be improved.This paper aims to sort out the relevant definitions of intellectual property pledge;starting from the characteristics and significance of intellectual property pledge,summarizing the main manifestations of legal risks in China's intellectual property pledge and analyzing the main causes.By studying legal risk prevention of intellectual property pledge in Unite States and Japan,five suggestions for the improvement of China's intellectual property pledge legal risk prevention are put forward.Apart from the introduction and conclusion,this paper is divided into four parts.The first part is an overview of the intellectual property pledge rights.This part briefly describes the basic issues related to the pledge of rights and the pledge of intellectual property rights,and aims to better facilitate understanding of the intellectual property pledge right.The second part puts forward the main legal risks of intellectual property pledge in China,and analyzes the causes of legal risks.The third part is to study the legal risk prevention measures of typical national intellectual property pledge and learn from it.The fourth part puts forward some suggestions for the legal system prevention of the intellectual property pledge in five aspects,including the establishment and improvement of the intellectual property pledge legal system.