지적재산권의 담보활용방안

Abstract

In 21C, it would be said that monetary circulation is one of the most important features in our society. In addition, so are intellectual property rights. In this context, circulation of money with intellectual property rights is also considered significant. Nevertheless, in reality, it's real property that has mainly been thought of as security, that's why application of intellectual property rights as security for a loan is looked upon as atypical. However, our society is now driven and urged by necessity of application of them as security. And as for establishment of a pledge right on copyright, patent and other intellectual property rights, there are particular articles in Copyright Act, Patent Act and etc. But we have some problems and difficulties in taking advantage of intellectual property rights for security, for example troubles in evaluation of intellectual property rights and interpretation or construction of the laws. Anyway, apart from evaluation of intellectual property rights, which has been dealt with in some previous studies, I would like to focus on the aspect of difficulties in interpreting systematically some articles in the Civil Act, Copyright Act, Patent Act and so on. Especially, as for establishment of a pledge right on intellectual property rights, I think that there are some considerable points at issue, for instance, legal basis and nature, and range of validity-especially for proceeds- and subrogation of pledge of rights. In fact, so far these have rarely been discussed in previous reports, where it's merely said that the nature of pledge on intellectual property rights is similar to that of mortgage. Rather than that, I think, however, more important and effective ways to look upon and solve these problems are needed. So I would like to express that we need to lay a scheme and then take several steps for Application of Intellectual Property Rights as Security. That is to say, not by disposal but by application to security of the rights, we can expect intellectual property to continue to develop and improve and we should find the way. To put it concretely, I propose that we can consider the followings. Royalty or fee should be covered by extending the valid range of pledge or diversion of nature of subrogation. On the other side, as for transfer for security of intellectual property rights, I suggest that the traditional rules of liquidation money or liquidation period cannot be adhered. In this context, way to exercise of security right on intellectual property rights should be modified and developed. Despite my passion and intention, I can't find the best way to modify and establish these rules. But I find one thing clear, that is, it's time to employ all available means for transaction on security of intellectual property rights.