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Research on Pledge of Patent Right

Author: XuKuo
Tutor: LiXiaoWei
School: Suzhou University
Course: Legal
Keywords: right pledge patent right pledge evaluation of patent technology
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 1
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Abstract


The pledge of patent right,as a form of security,refers to the debtor or a third person transfers the property rights of patent to the pledge for debt. When the debtor fails to pay his or her due debt or the parties had agreed the situations to realize the pledge right,the creditor has the right to achieve the priority right(by auction,sale, discount, etc). The object of patent right pledge is patent technology which belongs to intangible property. Because of the particularity of the patent technology(the value of the patent is fluctuation and attenuation),there are many problems to be resolved when transferring the patent right to the pledge for debt,such as the evaluation of patent,how to achieve patent right pledge and so on. If such problems are not resolved properly,the development of patent right pledge is not optimistic. In order to take full advantage of the value of patent right that belongs to intangible property in the current economy market,we can learn from other countries with advanced patent right pledge legislation,and taking some active measures to resolve these difficulties such as the evaluation of patent and the risk in patent right pledge existing in our social life. Above all,what we have done is to further promote the development of patent right pledge in our country.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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