What is the application process of intellectual property pledge loan?
1. The enterprise submits a written application for intellectual property pledge loan to the bank.
When applying for intellectual property pledge loan, the trademark registrant applies to the bank with the trademark registration certificate, the patentee with the patent certificate and other relevant materials required by the bank.
2. The exclusive right to use a trademark of an enterprise shall be evaluated by a professional evaluation institution.
The trademark value of many enterprises is limited, and the performance and market share of enterprises will change the brand value and make the trademark value fluctuate greatly. At the same time, if there are major problems in the development of enterprises, the value of trademarks will also be affected, and the loan security of banks will not be guaranteed, which is risky.
3. Banks should review the information submitted by enterprises and the evaluation results of trademark exclusive rights.
The value of pledge can be objectively evaluated by a professional asset appraisal firm to provide value reference for pledge business. The scope of pledge usually refers to trademark right and patent right. Patent pledge includes: the patent right that the pledgor has no ownership dispute within the pledge period.
4. After the examination and approval, both parties signed the Loan Contract for the Exclusive Right to Trademark and the Pledge Contract for the Exclusive Right to Trademark.
As the intellectual property pledge loan contract needs to be registered in the State Trademark Office and China National Intellectual Property Administration.
5. Go through the registration formalities of intellectual property pledge.
According to the provisions of the State Trademark Office and the Intellectual Property Office, after the signing of the intellectual property pledge loan contract, both parties shall register the pledge right in the intellectual property management department with relevant documents. Trademark pledge registration time is five working days, and patent pledge registration time is seven working days.
6, the implementation of the loan contract
After obtaining the registration certificate of intellectual property pledge, financial institutions may issue loans to lenders according to the loan contract signed by both parties.
What are the main difficulties in developing intellectual property pledge loans?
1. 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; It is uncertain whether the term patent right in the Guarantee Law and the Patent Law includes licensing right.
2. The value of intellectual property 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.
3. Risks of intellectual property pledge financing. 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.
4. 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.
5. The possibility of realizing intellectual property rights is hard 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.
To sum up, this paper mainly describes the application process of intellectual property pledge loan and the main difficulties in developing intellectual property pledge loan. Now we should have a better understanding of the application process, but now some banks in our country carry out these contents, but not all banks can lend. You can consult the bank in advance if necessary.