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Intellectual property rights guarantees style choice

Author: LiZuo
Tutor: ZhangDeFen
School: Zhengzhou University
Course: Civil and Commercial Law
Keywords: intellectual property rights of secured financing intellectual property rights pledge property mortgage alienation guarantee
CLC: F832.4
Type: Master's thesis
Year: 2009
Downloads: 47
Quote: 0
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Abstract


Intellectual property rights of secured financing can help those emerging companies who have intangible property such as intellectual property and technology, but do not have land and other traditional real estate to finance to meet their development needs. However, China’s current laws and policies stipulated that the system of intellectual property rights of secured financing, but the development of the system is very slow, and financing has been completed in terms of policy support are mainly carried out under pure rare occurrence of intellectual property rights of secured financing. There are many reasons which Lead to China’s intellectual property rights of secured financing difficulties, including intellectual property rights security style of choice is an important reason for the unreasonable. Therefore, this article mainly on the structure of intellectual property rights secured to commence the study of choice.In this paper, information on the theory of intellectual property rights guarantees, the main security area of intellectual property rights from China’s shortcomings, leading to flawed structure of intellectual property security reasons, outside the major countries on the security of intellectual property law, intellectual property rights in China on security this style of choice to study several aspects. This article is divided into five parts:Part I: Intellectual Property Rights on the basis of the theory of security. First of all, to define the intellectual property rights, the rights of the right quality, right to mortgage, so that the concepts of security, and then the system introduced in China on intellectual property rights secured by law, and pointed out the significance of intellectual property security.Part II: The current structure of intellectual property security flaws. In the system on China’s existing laws on intellectual property rights after the relevant provisions of security, pointing out that intellectual property rights in our country is now only allowed to pledge that the existence of a secured manner. On this basis, this paper point out the structure of China’s intellectual property security problems: First, the subject of the question of whether the transfer of possession. Qualitative theory of the traditional right of the right to provide for the establishment of quality must be the transfer of possession, and our "Guarantee Law" does not require the establishment of the right quality of intellectual property rights to the transfer of possession, at the same time, intellectual property rights also determine the nature of intellectual property rights can not be moved to occupy. Second, the possibility of using the subject of confusion. The traditional theory of the prohibition of the right quality of people confront the quality of the use of materials, but China’s "Guarantee Law" has been given the quality of intellectual property rights in a mass confrontation during the material transfer and licensing of rights and of course the use of the right, at the same time, intellectual property rights also determines the characteristics of quality in the quality of the period should continue to use quality materials. Third, how confused the public. Power quality requirements of the traditional theory of the creation of a pledge of movable property registered as a public way, and with a similar pledge of movable property, often in the law applicable to the relevant provisions of the Chattel Mortgage of Intellectual Property Rights has requested the establishment of a pledge in order to register as a public way. Fourth, intellectual property rights of pledge collateral coincides with the confusion.Part III: Intellectual Property Style flawed security reasons. In this paper, a systematic analysis of the six reasons: First, the confusion of intellectual property rights and property rights. The second is a pledge and security standards are not unified, possession of standards and criteria for the subject matter of the law in our country the use of confusion. Third, the division of movable and immovable property defects, the traditional scope of the Civil Code will be fixed real estate, resulting in the expansion of the scope of movable property, intellectual property has also been included in property. Fourth, security is a function of intellectual property rights unclear, ignores the function of intellectual property rights of secured financing. The fifth is ignored the unique attributes of intellectual property rights.Part IV: the major countries of foreign intellectual property rights provisions of the security structure. This part mainly deals with the civil law and common law provisions of the major countries, in order to guarantee the structure of China’s intellectual property rights provide the basis of sound. Part V: IP security options and concrete structure design of the system. Fully based on the argument that intellectual property rights in our country should be replaced by intellectual property collateral pledged at the same time allow the introduction of a security system and learn from "The United States Uniform Commercial Code," provisions that allow the parties to the legal framework designed to meet their own interests free of by way of security. On this basis, the proposed secured financing of China’s intellectual property rights of the specific design of the system, that is, to strike a balance of rights and obligations of the parties, allowing people the right to continue to use after the creation of the security of intellectual property rights, and to give the guarantee the smooth realization of the right people the right to security.

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CLC: > Economic > Fiscal, monetary > Finance, banking > China's financial,banking > Credit
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