Intellectual property mortgage

Legal analysis: the so-called intellectual property pledge refers to a financing behavior in which an enterprise pledges its legally owned intellectual property rights, such as patent right, exclusive right to use registered trademarks, copyright and other property rights. And obtain funds from the bank after evaluation and pricing, and repay the principal and interest of the funds on schedule.

Intellectual property pledge loan has two advantages. On the one hand, banks can control the lifeblood of enterprises by pledging intellectual property rights such as patents of enterprises. On the other hand, small and medium-sized enterprises lacking fixed assets mortgage can provide financial support for further trade through intellectual property pledge, solve the problem of capital shortage, and also enhance the core competitiveness of enterprises.

At present, compared with other mortgage loans, the success rate of intellectual property pledge loans is still relatively low. There are only a handful of banks providing intellectual property pledge loans in China, among which Bank of Communications, Bank of Beijing and Bank of Chongqing have done better. Most banks do not support intellectual property pledge loans.

Legal basis: Article 440th of the Civil Code of People's Republic of China (PRC). The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) bills of exchange, promissory notes and checks; (2) Bonds and certificates of deposit. (3) Warehouse receipts and bills of lading; (4) Transferable fund shares and equity; (5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright; (6) Existing and future accounts receivable; (7) Other property rights that can be pledged according to laws and administrative regulations.