1 Surname pledge refers to the real right that the debtor or a third party gives his specific property to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority by discounting or auctioning or selling the property. Property is called pledge, the person who provides the property is called pledger, and the person who enjoys the pledge is called pledgee.
2. Legal basis: Article 437th of the Civil Code of People's Republic of China (PRC).
After the expiration of the debt performance period, the pledger may require the pledgee to exercise the pledge right in time; If the pledgee fails to exercise it, the pledger may request the people's court to auction or sell the pledged property. Where the pledgor requests the pledgee to exercise the pledge right in time, and the pledgee delays in exercising the right and causes damage to the pledgee, the pledgee shall be liable for compensation.
2. What are the obligations of the patent pledger?
1, which cannot be transferred or licensed to others;
2. Deliver patent certificates and other supporting documents to the pledgee;
3. Handle pledge registration;
4. If the pledgee is slow to exercise the rights enjoyed by the pledger, he may request the people's court to auction or sell the pledged property.
Where the relevant laws and regulations stipulate that the property rights in intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright are pledged, the pledge right shall be established when the pledge registration is handled. After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.