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Studies on Trademark-right Pledge System

Author: YangMei
Tutor: ZhuLiJun
School: Shanghai Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: trademark trademark trademark pledge pledge
CLC: D923.43
Type: Master's thesis
Year: 2013
Downloads: 8
Quote: 0
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Abstract

In modern times, the importance of intellectual property is becoming more and more protruding, intellectual property has become an important social wealth. At present, some developed countries, such as the United States, France, Italy and the Western Europe countries, are the intellectual property rights pledge as a new financing way to promotion, application, and achieved great development. In the current situation in our country is current level is not high, are not. As an important means of financing function far not into full play. This is not conducive to social and economic development. Investigate its reason, mainly have two aspects:one is the legal norms, no adjustments for personalized special laws and regulations, and the existing legal norms and too scattered, operability is not strong, difficult to safeguard legitimate rights of the parties; Second, trademark pledge with a strong professional, but trademark appraisal industry is not strict and scientific laws and regulations and discipline, leading to loss of authoritative evaluation results.Because of this, the article from four aspects to carry on the analysis, discusses our country trademark pledge and mess.The first part, from the basis of the study of trademark pledge to obtain, from the jurisprudence theory of trademark rights pledge, the legal basis for the study of trademark pledge, first introduced the legal basis of trademark pledge, mortgage, pledge, rights concepts of trademark pledge and the mutual relation and distinction between, legal characteristics. From the perspective of legal theory, the feasibility and necessity of trademark pledge.The second part, the trademark rights pledge of comparative law study. Mainly introduced the foreign relevant legislation and judicial practices of Japan, the United States to blend system of step in the research of trademark pledge.The third part, reflection of our country’s trademark rights pledge. From establishing trademark pledge in the operation of the existing problems, and points out that the legislation defects of our country’s trademark pledge. And from the flaws of the system is set up, the historical evolution and the trademark rights value evaluation to trademark pledge causes of confusion.The fourth part, some Suggestions to perfect the trademark pledge in our country. One is built on the legal system, from the specification, the pledgor and the pledgee’s rights as the starting point for legislative proposals, elaborates and analyzes the United States, Japan’s successful experience, combining our country’s legislative practice, Suggestions on the creditor’s rights realize "two-step" approach, to better promote the development of trademark pledge system in China. Second is to perfect the evaluation system, the pledge registration system.

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