Intellectual property pledge refers to a kind of financing behavior in which intellectual property rights holders pledge their legally owned intellectual property rights such as patent rights, exclusive right to use registered trademarks and copyrights. And after evaluation and pricing, obtain funds from banks and other financing institutions and repay the principal and interest of funds on schedule.

Intellectual property pledge is a kind of guarantee system to ensure debtors to perform their debts and creditors to realize their rights. It is a pledge of rights. The pledge of intellectual property rights can be understood as that the debtor or a third party takes the property rights in the intellectual property rights that it owns and controls according to law as the guarantee of the creditor's rights, so as to urge the debtor to fulfill its debt repayment obligations and ensure the realization of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount intellectual property rights or give priority to compensation with the price of auction or sale of intellectual property rights according to law. Among them, the debtor or the third party providing intellectual property guarantee for the creditor's rights is the pledgor, and the creditor is the pledgee. The object of pledge is the property right of pledged intellectual property.

2. What are the characteristics of intellectual property pledge?

(1) The use of the pledged subject matter is restricted.

Before intellectual property rights are pledged, intellectual property rights holders have complete rights to acquire intellectual property rights. However, after the pledge of intellectual property, although the pledged intellectual property still belongs to the original obligee, it has become a burden right, and its exercise is restricted. The pledgor may continue to use the pledged intellectual property rights, but without the consent of the pledgee, the pledgor may not transfer or permit others to use the pledged intellectual property rights; Without the consent of the pledger, the pledgee may not use the pledged intellectual property rights.

(B) "concept" transfer mode of possession. As the object of intellectual property, intellectual achievement is an intangible spiritual wealth, and people's possession of it is not a real and concrete occupation, but a kind of knowledge and experience. This kind of possession is a kind of virtual possession rather than actual control. The intangible, formal rather than substantive transfer and possession of the subject matter of intellectual property pledge saves the cost for the pledgee to keep the pledge, which is beneficial to relieve the pledgee's responsibility for keeping the pledge; At the same time, it should be noted that after the pledge of intellectual property rights, it can not only ensure the repayment of creditor's rights, but also enable the debtor to obtain credit; It can also protect the use and income of things and play the role of things; At the same time, it can effectively avoid the shortcomings of chattel pledge and give full play to the advantages of pledge.

(three) to urge enterprises to take the initiative to repay loans. Intellectual property, whether it is patent right, trademark right or copyright, depends on the creative work or long-term business accumulation of intellectual property rights holders, which is very important for the survival and development of enterprises. On the one hand, due to the characteristics of innovation, uniqueness and long-term accumulation, once lost, enterprises may face the crisis of survival and further development; On the other hand, enterprises use intellectual property pledge loans as financing methods, which need to bear the related expenses such as evaluation fees and attorney fees, resulting in higher financing costs and default costs. Therefore, the pledge of intellectual property rights will, to a certain extent, encourage enterprises to take the initiative to repay loans, thus eliminating or reducing the burden of intellectual property rights and interests.

(4) Effectively protecting the interests of the pledgee. Article 79 of China's "Guarantee Law" stipulates: "If the property right in the trademark exclusive right, patent right and copyright that can be transferred according to law is pledged, the pledgor and the pledgee shall conclude a written contract and register the pledge with its management department. The pledge contract shall take effect from the date of registration. " By setting the pledge registration procedure, it can play the role of publicity, which not only avoids the risk that the pledgee disposes of the property privately and transfers the intellectual property to a third party, but also enables the third party to know in advance whether the right is defective, thus effectively protecting the interests of the pledgee.

The above is about "what is intellectual property pledge" and "what are the characteristics of intellectual property pledge". It should be noted that although intellectual property pledge financing is very common in developed countries in Europe and America, it is still in its infancy in China, and there are still many mechanisms to be improved. So if you have any questions in this area, you must consult an expert lawyer in time to avoid losses.