Research On Intellectual Property Pledge System In China

In today's era of knowledge economy,intellectual property has become a new driving force to promote economic development.China follows the international trend and strengthens the creation and application of intellectual property,especially in the aspect of intellectual property pledge.Since 2008,China has carried out a number of intellectual property pledge implementation and management work,including the pledge pilot,the introduction of relevant policies,the formulation of norms and systems.At present,although China has some legal norms of intellectual property pledge,but the content of the provisions is not complete,there will still be some problems in the actual process of pledge.This article uses the literature research method,the comparative analysis method,the law explanation method to study our country intellectual property rights pledge system.Firstly,this paper analyzes the concept,characteristics and nature of the pledge of intellectual property,and then compares and analyzes the laws,regulations and practice of the pledge of intellectual property in America,Japan and Korea.Then,by analyzing the current situation of legislation and practice of intellectual property pledge in China,it summarizes the drawbacks of the system of intellectual property pledge in China,and finally compares the relevant regulations and practice in China with those in the three countries mentioned above,some experiences which are worth using for reference in China are put forward.In terms of basic principles,China adheres to the principle of unified pledge standard,the principle of improving supporting mechanism and the principle of protecting the legitimate rights of the pledge.As for the object of pledge,we should not only define the scope of the object of pledge,but also expand the scope of the object of pledge of intellectual property.In terms of value assessment,China should first establish a value assessment standard that can be applied to all kinds of intellectual property rights,and secondly,it should clearly stipulate the management organization responsible for value assessment,finally,it is necessary to adapt to the development of information technology in today's era,using evaluation software for value assessment.In the aspect of pledge registration,China should make clear the principle of publicity,perfect the registration procedure and establish a complete electronic registration system.In the pledge risk aspect,our country must perfect the risk compensation system,the stipulation certain interval stage risk inspection period.