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Research on the Legal Problems of Intellectual Property Pledge

Author: CaiZhenHua
Tutor: YiJiMing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Pledge of Rights IPR pledge The targeting Pledge set Pledge effectiveness
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 84
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Abstract

Intellectual property as security, pointed out that the the pledgor as a pledge of the subject matter of the transfer of intellectual property rights, setting the pledge of debt secured legal system. With the advent of the era of knowledge economy, the status of intellectual property rights in the social and economic life has become increasingly important. How to maximize the use of the collateral value of intellectual property has become a matter of concern, and intellectual property pledged as an effective method to solve this problem has drawn increasing attention of the world. However, in our country because of our intellectual property pledge institutional theory is not deep enough, the legislation is relatively backward, and supporting systems are not perfect, intellectual property pledged not yet become an important guarantee means. In view of this, we explore the legal issues related to IPR pledge. The thesis is divided into five parts: Part I: IPR pledge Overview. On that part of the basis for describing intellectual property as security-related intellectual property rights and the concept of the right to pledge to introduce the concept of defining the nature of intellectual property as security; Second, examine the emergence and development of intellectual property pledge. Part II: intellectual property as security for the underlying research. This section first discusses the existing law clearly stipulates the pledge of intellectual property rights; Secondly, specifically discussed the scope of intellectual property as security for the subject. Part III: IPR pledge set. This part mainly introduces a set of intellectual property as security conditions, there is considerable controversy and intellectual property pledge set, such as: whether to allow the breakdown of the pledge, repeated pledge to conduct a study and discussion. Part IV: the effectiveness of IPR pledge. Range of the part is mainly from the scope of the IPR pledge of debt secured, so far as the subject matter of the effectiveness of, and pledge between the parties rights and obligations of the three aspects of the legal effect of intellectual property as security. Part V: China's intellectual property as security flaws and perfection. That part first details of the status of intellectual property as security, and that its existence the scope of the subject is too small, complicated registration authority, the assessment deposit system is not perfect and too harsh Repledge restrictions deficiencies and defects. Then proposed the corresponding countermeasures and suggestions for China's current legislation on the lack of intellectual property pledge at, pointed only to expand the scope of intellectual property subject matter, a unified registration system for intellectual property as security, establish and perfect the system of intellectual property rights pledge assess and relax intellectual property the restrictions Repledge pledged to more full play to the function of the intellectual property pledged financing guarantees, to promote the development of the socialist market economy.

Research on the Legal Problems of Intellectual Property Pledge

Abstract

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