Research On The Legal Risk Prevention Of Intellectual Property Pledge Loan Of Commercial Banks In China

Intellectual property pledge loan is the main form of loan guarantee for small and medium-sized science and technology enterprises.From the perspective of law,this paper studies the legal risk and prevention of intellectual property pledge loans of commercial Banks in China.Firstly,this paper expounds the research background and significance of the subject,and summarizes the research status of the subject at home and abroad.Secondly,the paper analyzes the situation of Chinese commercial Banks’ intellectual property pledge loans,and analyzes several typical models of commercial Banks’ intellectual property pledge loans,namely Beijing model,Shanghai model and wuhan model.Then,the concept and main manifestation of intellectual property pledge risk are discussed.Thirdly,it focuses on the analysis of the legal risks of intellectual property pledge loans of commercial Banks in China,including: legal and institutional risks of intellectual property pledge loans;Value assessment risk of intellectual property pledge loan;Ownership risk of intellectual property pledge loan;The effectiveness risk of the loan pledged by intellectual property rights;The risk of the pledgee’s disposal.Then,according to the case of qilu bank and Integrated Electronic Systems Lab Co.Ltd.some Suggestions are put forward for the intellectual property pledge loan business of commercial Banks in China.Finally,the paper puts forward the concrete measures of constructing the legal risk prevention mechanism of intellectual property pledge loan,including: clarifying the publicity system of intellectual property pledge loan;Improve the value evaluation system of intellectual property pledge loans;To improve the preventive measures against the ownership risk of intellectual property pledge;We should improve the preventive measures against the risk of intellectual property pledge effectiveness and establish the responsibility sharing mechanism for intellectual property pledge loans.It is expected that the research of this paper can provide some reference for the legal risk prevention of intellectual property pledge loan of commercial Banks in China.