1. What is intellectual property pledge?

Intellectual property pledge means that the intellectual property right owner uses his legally owned patent rights, registered trademark exclusive rights, copyrights and other intellectual property rights as property rights. A financing behavior in which the subject matter is pledged, and after evaluation and pricing, funds are obtained from banks and other financing institutions, and the principal and interest of the funds are repaid on schedule.

Intellectual property pledge is a guarantee system to ensure that debtors perform their debts and creditors realize their rights. It is a type of rights pledge. Intellectual property pledge can be understood as the debtor or a third party using the property rights in the intellectual property owned and controlled by it according to law as a guarantee for creditor's rights to urge the debtor to perform its debt repayment obligations and ensure the realization of the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority compensation in accordance with the law by using the price of the intellectual property at a discount or by auctioning or selling the intellectual property. Among them, the debtor or third party who provides intellectual property guarantee for the creditor's right is the pledger, and the creditor is the pledgee. The subject of the pledge is the property rights of the pledged intellectual property.

2. What are the characteristics of intellectual property pledge?

(1) The extent of utilization of the pledged subject matter is limited.

Before the intellectual property rights are pledged, the intellectual property rights holder has full rights to obtain the intellectual property rights. After the intellectual property is pledged, although the pledged intellectual property still belongs to the original right holder, the intellectual property has become a burdened right and the exercise of the right is restricted. The pledgor may continue to use the pledged intellectual property rights, but the pledgor may not transfer or permit others to use the pledged intellectual property rights without the consent of the pledgee; the pledgee shall not use the pledged intellectual property rights without the consent of the pledgor. intellectual property.

(2) "Concept" transfer of possession. Intellectual achievements as the object of intellectual property are a kind of intangible spiritual wealth. People's possession of it is not a real and concrete occupation, but is manifested in the understanding and feeling of certain knowledge and experience. This kind of possession is a kind of virtual possession rather than actual control. The characteristics of the subject matter of intellectual property pledge, such as non-materiality and transfer of possession in form rather than substance, save the pledgee’s cost of keeping the pledged property and help reduce the pledgee’s responsibility for the custody of the pledged property; at the same time, it should also It is noted that after the intellectual property rights are pledged, it can not only ensure the payment of the creditor's rights and enable the debtor to obtain credit; it can also protect the use and income of the property and bring out the utility of the property; at the same time, it can effectively avoid the shortcomings of the pledge of movables and give full play to the advantages of the pledge. superiority.

(3) Urging enterprises to proactively repay loans. Intellectual property rights, whether patent rights, trademark rights, or copyrights, that rely on the creative work of intellectual property owners or long-term business accumulation are crucial to the survival and development of enterprises. On the one hand, because intellectual property has the characteristics of innovation, uniqueness, and long-term accumulation, once it is lost, enterprises may face a crisis of survival and further development; on the other hand, when enterprises use intellectual property pledge loans as a financing method, they need to carry out burden assessment Fees, legal fees and other related expenses, higher financing costs and higher default costs. Therefore, the pledge of intellectual property rights will, to a certain extent, encourage companies to proactively repay loans in order to eliminate or reduce the burden of security rights on intellectual property rights.

(4) Effectively protect the interests of the pledgee. Article 79 of my country's "Security Law" stipulates: "If the property rights in trademarks, patents, and copyrights that are transferable in accordance with the law are pledged, the pledger and the pledgee shall enter into a written contract and handle the matter with their management department. Pledge registration. The pledge contract takes effect from the date of registration. "By setting up the pledge registration procedures, it can play a public role, which not only avoids the risk of the pledgee disposing of the property privately and transfers intellectual property rights to a third party, but also enables the third party to do so." People can know in advance whether the rights are defective, thereby effectively protecting the interests of the pledgee.

The above is the specific content on "What is intellectual property pledge" and "What are the characteristics of intellectual property pledge". It should be noted that although intellectual property pledge financing is already very common in developed countries in Europe and the United States, it is still in its infancy in my country, and there are still many mechanisms that need to be improved. Therefore, if you have problems in this area, be sure to consult an expert lawyer in time to avoid losses.