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On the Improvement of the legal system patent pledge

Author: LiJia
Tutor: KouGuangPing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Patent pledge Patent Registration Quality patent rights system
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 159
Quote: 1
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Abstract

With advances in technology , economic reform continues to improve, more and more rights pledge is accepted, even in some areas above the chattel mortgage , but because of the legal concept of countries, legislative and economic environment is not the same level of , differ from the rights of pledge system requirements. China's \\Because the structure is relatively simple chattel mortgage , plus the expense of the value of the collateral usufruct defects , in practice the application of reduced gradually. The pledge of rights are to the contrary. Intangible property in the context of modern commercial society and knowledge society , values increasing , but both without spending custody costs , liquidity and simple , happy to banks and other credit institutions to accept. Breadth and frequency of its application in foreign financial practice has far exceeded the pledge of chattels , becoming one of the most remarkable corporate finance tools . Patent rights belonging to pledge a pledge , he is referring to patent the patentee or a third person as security for their debt so as to set the pledge system. Because of its intangible nature , predictability , the unpredictability of features, making patent pledge in setting up the right quality , many of the problems encountered in the implementation process : patent pledge fragmented legal system , lack of patent valuation mechanism , small businesses and individuals pledgor patent restrictions , lack of uniform implementation guidance supporting the procedural law. In this thesis, the real economic function and system defects patent pledge as a starting point to conduct research on relevant laws and regulations patent pledge , and further combined with practical case illustrates how the existing legal regime for patent pledge should be interpreted and how should perfect to achieve the greatest degree of its functions. Specifically, the paper is divided into four parts: The first chapter of the theoretical basis of patent pledge and economic functions. First, define the concept of patent pledge followed to analyze its characteristics and, finally, the special significance of the patent pledge system in the development of China's economy, the system will be described. In the United States , legislation and practice of the second chapter of the Japanese patent pledge . Introduction The United States and Japan in patent law and practice of aspects of the pledge , and its as a benchmark, summarized the law can learn from our experience . Defect analysis and its legal provisions of Chapter III of the patent pledge . Legislation on the status of the system described in the patent pledge , exploration correct present deficiencies in the system , and pointed out that the subject of patent pledge in the pledge , pledge to set up , pledge to achieve , deficiencies and other aspects of the effectiveness of the pledge . Chapter IV patent pledge to improve our legal system . This section mainly with the basic theory of the author 's patent pledge for patent pledge our problems in the legal system , to give my personal opinion and solutions.

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