First, the laws related to intellectual property rights are incomplete. For example, it is uncertain whether the right to use intellectual property license belongs to the transferable right stipulated in Article 79 of the Guarantee Law; Whether the "patent right" in the Guarantee Law and the Patent Law includes the license right is uncertain; It is not clear whether the right to use patent license can be registered by pledge; The detailed rules for the implementation of copyright also lack provisions on copyright pledge registration or copyright use license.
Second, the value of intellectual property rights is not easy to determine. The most important link of intellectual property pledge is the evaluation of intellectual property. However, China lacks a perfect intellectual property evaluation system, and the practitioners have strong dependence on administrative organs, which leads to insufficient ability. The poor quality of employees affects the evaluation quality, and the lack of unified standards and rules affects the evaluation results. At the same time, there are not only differences in evaluation methods, but also differences in product market forecast.
The third is the financing risk of intellectual property pledge. In view of the great risks in intellectual property financing, most western commercial banks take a cautious attitude, that is, professional lending institutions, venture capitalists or investors participate in intellectual property financing business in the form of obtaining equity. Although China has made great progress in the modernization of intellectual property law, the state has not paid enough attention to the security legal system applicable to intellectual property security, and the existing laws in China are still lacking even in dealing with general chattel security rights.
Fourth, the ability of banks to control intellectual property pledge is not mature enough. Some domestic banks pay more attention to the static asset guarantee of enterprises, but they lack understanding of the forms of intellectual property guarantee with the characteristics of intangible assets. Traditional bank loans require borrowers to provide third-party guarantees or tangible assets guarantees, but because the intellectual property pledge is not convertible, it is the future cash inflow of intellectual property collateral. This makes banks feel more unstable and more prone to risks. Therefore, there are few financial institutions in China that carry out intellectual property pledge loans, and there is a lack of specific operation methods.
Fifth, the possibility of realizing intellectual property rights is not easy to predict. Compared with traditional secured loans, intellectual property is not as liquid as real estate, so it is difficult to dispose of it. Especially at this stage, the realization of intellectual property rights is particularly difficult when China's awareness of intellectual property rights is generally low and the market for intellectual property rights transfer is small.
In order to effectively promote intellectual property pledge loans, it is urgent to improve the legal system and value evaluation system. The specific suggestions mainly include:
First of all, it is necessary to establish a modern legal system for security interests. It mainly includes amending and perfecting China's laws related to intellectual property rights, establishing a modern legal system of guarantee, and making clear provisions on the mortgage, guarantee and pledge of intellectual property rights, so as to provide legal basis for the operation of small and medium-sized enterprises and financial institutions.
Secondly, we should establish a perfect intellectual property value evaluation system. Intellectual property value evaluation is the key link of intellectual property pledge. In this regard, we should pay attention to two points. First, reasonably determine the appraisers, and form an appraisal team composed of experts and scholars in the fields of trademarks, patents and copyrights, representatives of various industries or business circles, asset appraisers, lawyers, accountants and relevant management agencies to conduct the appraisal; Second, a strict responsibility system should be established after the appraiser is produced. Appraisers should be liable for damages for their mistakes. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Finally, it is necessary to establish a loan risk compensation fund. In order to encourage the popularization of intellectual property pledge loans and reduce the risks borne by banks, government departments should allocate special funds to establish risk compensation funds, compensate banks for certain risks in view of intellectual property pledge loans, and make up for some losses of banks when it is confirmed that loans cannot be repaid or fully recovered, which is conducive to improving the enthusiasm of banks to carry out related businesses.
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