중국 지식재산권 담보제도에 관한 법제 연구

Abstract

Security system of Intellectual property including paten, trade mark, and copy rights owned by a corporate and a entrepreneur offers the financial institution intellectual property as security and then it makes possible to get the loan within their value. Security system of Intellectual property in China, which were introduced a little earlier than Korea has been utilized actively as a tool of fund-raising. Although a research on security system of China has been conducted in Korea, the study on security system of intellectual property of China has little, if any. In this study, security system of intellectual property of China will be closely reviewing for finding out both characteristics of security system of intellectual property, problems and improvements. Through this, I will be investigating if there are implications for developing security system of intellectual property rights of Korea. Security system of Intellectual property of China were created to promote small businesses and a venture business with nature of a national policy. They are in trouble easily owing to lack of funds despite possessing outstanding intellectual property rights. Therefore, the government has intervened considerably to promote tech-businesses through security system of intellectual property for the financing. Security system of intellectual property of China is stipulated in the Law of Reality and Security Law. A security right of intellectual property in China should be a written contract and it will become effective through the authority from the relevant government ministries. However, some of the issues on security system of China such as the difficulties of security value assessment, the diversification of the mode of transaction, and the government’s excessive intervention is being exposed as demerits. To improve problems on security system of intellectual property rights, I suggest the establishment of assessment institution to simplify and standardize the registration procedure.