What is Intellectual Property Pledge? Intellectual Property Pledge Review

The factors affecting intellectual property pledge risk can be divided into four types: resource-based, operational-based, profit-based and market-based.

(1) Resource-related risks: including the quality of intellectual property rights and the legal status of intellectual property rights, i.e., whether there are any legal disputes. The resource-related risks of intellectual property pledge loans include two aspects: first, the differences in the attributes of intellectual property rights, and second, the differences in the legal status of intellectual property rights. The higher the quality of the enterprise's intellectual property rights and the clearer its legal status, the lower the risk of intellectual property pledge loans.

(2) Business: This includes the business conditions of SMEs, their credit rating, whether their financial statements are complete, the industry they are engaged in, and the quality of their senior management. As the direct source of repayment for IP pledge financing, the business conditions of enterprises directly affect whether the bank's loans can be repaid.

(3) Interest-related: including common interests and unfair distribution. As far as intellectual property pledge financing itself is concerned, its goal is to maximize the interests of the financing-related entities or maximize the competitiveness. However, for intellectual property pledge businesses with different operating models, the interest goals and interest distribution of each pledge financing may be very different. Such differences will inevitably affect the synergistic effect of intellectual property pledge and the financial symbiotic relationship between the entities.

(4) Market-related: including the liquidity of the intellectual property trading market, whether the intellectual property disposal path is single, the degree of perfection of the financial market, and whether the laws and regulations are sound. This type of risk is consistent with the external market environment of intellectual property pledge. Relatively speaking, the more developed the intellectual property trading market and financial market are, the easier it is to dispose of intellectual property, and the less likely it is that the disposal of intellectual property cannot be realized in time or cannot be realized due to the inability of enterprises to repay loans when due. The loan period of small enterprises is short, and problems arise quickly. However, my country's intellectual property trading market is still imperfect, which makes it difficult to realize intellectual property.

Improve the mechanism

Intellectual property pledge financing is very common in developed countries in Europe and America, but it is still in its infancy in my country. The mechanisms that need to be improved include:

1. Establish a coordinated promotion mechanism to promote intellectual property pledge financing;

2. Innovate the service mechanism of intellectual property pledge financing;

3. Establish and improve risk management mechanisms for intellectual property pledge financing;

4. Improve the evaluation and management system of intellectual property pledge financing;

5. Establish a management mechanism that is conducive to the circulation of intellectual property rights.

Trademark pledge loans are a means of corporate financing. Currently, many provinces and cities in China encourage companies to use the intangible assets accumulated over the years to carry out financing cooperation. Major commercial banks also issue pledge loans to some companies with higher credibility, which is mainly reflected in the fact that most of them have won provincial famous trademarks or well-known Chinese trademarks.

At present, all banks that use intellectual property rights as collateral to finance small and medium-sized enterprises have relatively low credit lines for loan enterprises. Taking the Bank of Communications as an example, in the current regulations on intellectual property loans, patent pledge loans adopt a comprehensive credit method, with the credit limit for invention patents not exceeding 25% of the assessed value, the credit limit for utility model patents not exceeding 15% of the assessed value, and the credit limit for trademark rights not exceeding 50% of the assessed value, with a maximum term of 3 years.

Trademark exclusive right pledge loan is a kind of innovative credit product, which means that enterprises with brand advantages use the exclusive right of trademark approved by the Trademark Office of the State Administration for Industry and Commerce as collateral to obtain loans from banks, and repay the principal and interest of the loan according to the agreed interest rate and term. The loan objects are legal persons, other economic organizations and natural persons in Xiangtan City who hold the "Trademark Registration Certificate" and are registered according to law, and have obtained China's well-known trademarks or provincial famous trademarks, have a continuous profit record for 3 years, and the value of their exclusive right of trademark has been confirmed by a special trademark evaluation agency. In principle, within the validity period of the exclusive right of trademark, they can apply to the bank for a short-term working capital loan of less than one year, which does not exceed 50% of the value of their exclusive right of trademark, and a medium- and long-term loan of no more than 3 years.

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