What are the terms, conditions and procedures of pledge loan for software works?

Legal analysis: the term of the software works pledge loan is not clearly defined. Generally speaking, after the signing of the pledge contract, the lender becomes the pledgee, provided that China National Intellectual Property Administration has granted the invention patent, utility model patent and design patent in accordance with the law and attached the patent certificate. The process is as follows: 1. Submit a pledge loan application; 2. review; 3. registration, etc.

Legal basis: Article 8 of the Copyright Law of People's Republic of China (PRC). Copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. The copyright collective management organization established according to law is a non-profit legal person. After being authorized, they can claim rights for copyright owners and copyright-related rights holders in their own names, and can represent the parties involved in litigation, arbitration or mediation activities involving copyright or copyright-related rights.

Copyright collective management organizations collect royalties from users according to authorization. The collection standard of royalties shall be determined through consultation between the copyright collective management organization and the user representatives. If negotiation fails, they can apply to the National Copyright Administration for a ruling. If you are not satisfied, you can bring a lawsuit to the people's court. The parties may also bring a lawsuit directly to the people's court.

The copyright collective management organization shall regularly announce to the public the collection and transfer of royalties, the extraction and use of management fees and the undistributed part of royalties, and establish a rights information inquiry system for the rights holders and users to inquire. The National Copyright Administration shall supervise and manage copyright collective management organizations according to law.

The establishment mode, rights and obligations, collection and distribution of royalties, supervision and management of copyright collective management organizations shall be stipulated separately by the State Council.