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Advantages and disadvantages of intellectual property pledge financing model

1. Advantages of the financing mode of intellectual property pledge

1. Obtaining working capital loans through the pledge of intangible assets such as patents;

2. The actual financing cost of the bank patent pledge loan in some areas is lower than that of the fixed assets mortgage loan and lower than the benchmark interest rate

3. The enterprise's intellectual property right obtained from the bank loan enhances the enterprise's popularity and confirms the value of the enterprise's intellectual property right.

2. Shortcomings of financing mode of intellectual property pledge

1. Legal risks, lack of corresponding protection

Because the legal system of intellectual property in China is not perfect at present, due to the characteristics of intellectual property rights, the exclusive right to use a trademark and the patent itself have great rights instability, and the ownership and rights of the obligee are uncertain, which may lead to ownership disputes. The core risk of legal risk is confirmation risk, which determines whether the evaluation of intellectual property value is meaningful, whether the pledge can be established, and whether it can be realized smoothly when there is a risk.

2. Valuation risk, lack of reliable evaluation

Determined by the characteristics of intellectual property rights, trademark exclusive right and patent right have strong professionalism and complexity, which leads to the uncertainty of their property rights in the process of marketization, thus affecting their market evaluation value; Because its valuation is quite different from the traditional valuation of tangible assets, the choice of evaluation position, technology, method, model and parameters directly affects its market valuation value. Valuation risk is mainly the uncertainty risk of value evaluation, which determines the basic credit elements such as loan amount, and also determines the repayment source and willingness of enterprises.

3. Operational risk, lack of definite value

As the obligee, the enterprise's own management and resource allocation determine whether the trademark right or patent right can create due market value and bring stable cash flow to the enterprise, which determines the first repayment source of the borrowing enterprise.

4. Disposal of risks, lack of circulation channels

Due to the characteristics of property rights, the trading methods, means and places of trademark exclusive rights and patent rights have special requirements, and the process of realizing them is complicated and uncertain. Furthermore, when there is a risk in loans, the channels for the disposal of pledges are not smooth, and the risks cannot be controlled, transferred, dispersed or resolved quickly and effectively, and the quality of credit assets of lending banks will deteriorate. Solving the problem of pledge disposal is one of the key problems for commercial banks to carry out intellectual property pledge loan business healthily, and it will also really test the ability of loan banks to operate risks.