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On Pledgee’s Superior Position in Trademark Pledge
Author: ChenNan
Tutor: LiYongMing
School: Zhejiang University
Course: Law
Keywords: Trademark pledge The pledgee superior position Valuation adjustment system Subrogation rights Interest Measurement
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 52
Quote: 0
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Abstract
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From the current financial market , due the trademark intangible property rights to its own characteristics limit the legal system not perfect , resulting in trademark pledge guarantees and financing has not become mainstream in China . The main purpose of this paper is to identify bottlenecks limiting trademark pledge system development , and take appropriate measures to break through the bottleneck , in order to give full play to the trademark pledge system many advantages in financing guarantees to make it for the healthy development of the socio-economic and make due contributions . From the structure , the paper is divided into three parts . The first part through the to send Zhang bottleneck of the current system of trademark pledge of analysis , the outcome of the aforementioned dilemma is caused due to the weak position of the pledgee in trademark pledge , then proposed to establish the privileged position of the pledgee in the trademark pledge system for the the necessity and importance of the system development . In the second part of this article , I learn through legal methods , the introduction of the valuation adjustment system , the termination of the contract system as well as the right of subrogation trademark pledge mechanism , and a detailed analysis of the above system is applicable to trademark pledge and its impact on the privileged position of the important role played by the protection of the pledgee trademark pledge . In the third part , by the measure of interest legal perspective , the author analyzes the Pledgee and Pledgor trademark trademark pledge system different from the interests of the end result , and as a basis to determine the pledgee is superior in trademark pledge the status of the limit . In addition , the paper also proposed safeguards used to limit the pledgee abuse of rights . I hope this article , can be caused by the legislative and judicial practice to establish the privileged position of the pledgee trademark pledge in legal attention, in order to achieve a relative balance of interests between the pledgee and the owner of the trademark . The only way to make more financial institutions and other financiers more willing to choose a trademark pledged as security for financing effective forms of collateral , leaving this new way of security in our country have made great progress . At the same time , also highlights another aspect of the law as a means of social control to adapt to social Zhang need to promote social progress and inherent nature .
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