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Can intellectual property be mortgaged in China?
what is an intellectual property pledge loan? The so-called pledge of intellectual property rights refers to a financing behavior that an enterprise pledges the property rights of its legally owned intellectual property rights, such as patent rights, exclusive right to use registered trademarks, copyrights, etc., and obtains funds from the bank after evaluation and pricing, and repays the principal and interest of the funds on schedule. Intellectual property pledge loan has two advantages. On the one hand, banks can control the lifeblood of enterprises by pledging intellectual property rights such as patent rights of enterprises. On the other hand, small and medium-sized enterprises lacking fixed assets collateral can provide financial support for further trade and solve the problem of financial shortage through intellectual property pledge, and at the same time, it can also promote the core competitiveness of enterprises. At present, compared with other mortgage loans, the success rate of intellectual property pledge loans is still relatively low. There are only a handful of banks in China that offer intellectual property pledge loans, among which Bank of Communications, Bank of Beijing and Bank of Chongqing have done better. Most banks do not support intellectual property pledge loans. To apply for a patent of intellectual property pledge loan for mortgage, the following conditions must be met: 1. It has been granted a patent right according to law; 2. The patent right is within the legal validity period; 3. The patent right does not involve national security and confidentiality matters; 4. The patent project granted the patent right is in the substantive implementation stage, and forms the scale of industrial operation, which has certain market potential and good economic benefits; Others have not initiated the invalidation procedure for the patent right. It can be seen that it is still very difficult to handle intellectual property rights. In addition to the borrower or loan enterprise itself having good loan qualifications, the patents used for mortgage also need to meet strict requirements, and there are only a few banks that accept it. However, qualified friends are still worth a try. If they fail, they can apply for other loans. Influencing factors of intellectual property The influencing factors of intellectual property pledge risk can be divided into four types: resources, management, interests and market. 1. Resources: including the quality of intellectual property rights and the legal status of intellectual property rights, that is, whether there are legal disputes. The resource risks of intellectual property pledge loans include two aspects: one is the difference in the attributes of intellectual property rights, and the other is the difference in the legal status of intellectual property rights. The higher the quality of intellectual property rights of enterprises and the clearer the legal situation, the lower the risk of intellectual property pledge loans. 2. Business category: including the business status, credit level, completeness of financial statements, industries engaged in, and quality of senior executives of small and medium-sized enterprises. As the direct source of repayment of intellectual property pledge financing-enterprise, its business operation directly affects whether the bank loan can be repaid. 3. Interests: including * * * same interests and unfair distribution. As far as intellectual property pledge financing itself is concerned, its goal is to maximize the interests of financing related subjects or to maximize the competitiveness. However, for intellectual property pledge businesses with different operation modes, there may be great differences in the interest objectives and interest distribution of each pledge financing, which will inevitably affect the synergy effect of intellectual property pledge and the financial relationship between subjects. 4. Market: including the liquidity of the intellectual property trading market, whether the disposal path of intellectual property rights is single, the perfection of the financial market and the soundness of laws and regulations. This type of risk is suitable for the external market environment of intellectual property pledge. Relatively speaking, the more developed the intellectual property trading market and financial market are, the easier it is to dispose of intellectual property rights, and the less likely it is that the disposal of intellectual property rights, which is faced with the inability of enterprises to repay loans at maturity, cannot be timely or realized. The loan period of small enterprises is short, and the problems appear quickly. However, China's intellectual property trading market is not perfect, which makes it difficult to realize intellectual property rights. The mortgage of intellectual property rights is not particularly common in China, and a set of perfect related systems has not been established. However, there is already a set of mature related systems in Europe and the United States. As there is no professional intellectual property appraisal institution in our country, we must be cautious when mortgaging, and carefully check the relevant contracts and evaluation contents.