Advantages and disadvantages of financing mode of intellectual property pledge

First, the advantages of intellectual property pledge financing model

1. Obtaining working capital loans by mortgaging intangible assets such as patents;

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

3. The enterprise's intellectual property rights obtained bank loans, which improved the visibility of the enterprise and confirmed the value of the enterprise's intellectual property rights.

Second, the defects of intellectual property pledge financing model

1, legal risk, lack of corresponding protection.

At present, the legal system of intellectual property rights in China is not perfect. Due to the characteristics of intellectual property rights, trademark exclusive right and patent right are unstable, and the ownership and rights of the obligee are uncertain, which is easy to cause 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 successfully realized when there is risk.

2, valuation risk, lack of reliable assessment.

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 and further affects their market evaluation value; Because its valuation is very different from the traditional tangible assets valuation, the selection of evaluation location, 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, lacking 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, thus determining the first repayment source of the borrowing enterprise.

4. Dealing with risks and lacking circulation channels.

Determined by the characteristics of property rights, there are special requirements for the trading methods, means and places of trademark exclusive rights and patent rights, and the process of realization is complex and uncertain. Furthermore, when there are risks in the loan, the channels for the disposal of the pledge are not smooth, and it is impossible to control, transfer, disperse or dissolve the risks quickly and effectively, and the quality of the credit assets of the lending bank will deteriorate. Solving the problem of pledge disposal is one of the key issues 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.