Legal Issues And Research Countermeasures Of Trademark Pledge

With the advent and development of the era of knowledge economy,the demand of the market is becoming more and more large,the traditional guarantee method can not meet the market demand for capital.With the continuous in-depth understanding of the commercial and economic value of intellectual property rights such as trademark rights,trademark pledge has become a new financing method,which is playing an increasingly important role in the market.Trademark pledge can invigorate the intrinsic value of trademarks,so that enterprises will capitalize their operation,which can help solve the problem of enterprise financing difficulties.The construction and perfection of the trademark pledge system is of great significance to realize China's intellectual property strategy and develop national brand.This paper expounds the current development status of trademark pledge in China,discusses the basic theory of trademark pledge,and analyzes the relevant system of trademark pledge abroad,summarizes some important legal issues existing in China's trademark pledge,such as the value of trademarks is difficult to be accurately assessed and constantly changing,there is the risk of trademark value impairment,making the pledge in the relationship of the pledge owner in a weak position,and the trademark pledge type is not clear,such as unregistered trademarks,collective trademarks,To prove whether these types of trademarks can be pledged is not clearly defined,and the trademark pledge publicity system is not perfect,the lack of a unified trademark pledge publicity channels,there is no unified trademark realization platform,resulting in the quality of the right to achieve the trademark circulation is poor.This paper analyzes the reasons for the existence of these problems in depth,on the basis of drawing on the relevant legal systems and practical experience abroad,combined with China's national conditions,put forward the following countermeasures: First,to strengthen the weak position of the right-holder can be given to their "trademark valuation adjustment right" and the right to release the contract from law.Second,identify the types of trademarks that can be pledged.Third,improve the unified,efficient and simple trademark pledge publicity system.Finally,starting from the external environment,we will build a perfect intellectual property trading market and comprehensive big data information service platform,improve the market environment of poor trademark circulation,and solve the difficult situation of trademark realization.Aiming at the high risk of trademark pledge,construct the risk dispersion mechanism,reduce the concern of the right holder according to the principle of positive correlation of income and risk,reduce the concern of the right holder,and effectively promote the development of trademark pledge business.