중국의 지식재산권 담보대출제도에 대한 연구

Abstract

Investment and financial support are necessary to actualize technology or turn ideas into a business. However, corporations equipped with technology but lacking property assets face difficulties in getting their business funded, as loans from financial institutions are mostly based on relatively lower-risk mortgage loan. Countries across the world have put a lot of efforts into addressing this problem by activating intellectual property financing system (providing loans on the basis of IP). In China, loans to business on the basis of intellectual property and intellectual property financing have been supported at the national level. Above all, the Chinese government has built the systematic foundation for intellectual property financing by enacting “Pledge Law”, “Property Law”, etc. And central and local governments, banks by regional groups, and assessment institutions, etc., through annual conference, have established intellectual property financing models that are compatible by regional groups, and have supported these models by the policy. Currently, the most common method adopted by the Chinese government is its intervention in intellectual property financing to corporations by providing partial financial support or credit. And for the purpose of stable (secure) management of intellectual property financing, the Chinese government has put a lot of efforts in improving value assessment system by enforcing “Notification on Certain Issues regarding Reinforcement of Evaluation Management Business of Intellectual Property Rights,” “Guidance Opinion on Patents Assets Evaluation,” “Guidance Opinion on Trademarks Assets Evaluation,” and “Guidance Opinion on Copyrights Assets Evaluation.”Recently, South Korea has made a variety of attempts in order to activate intellectual property financing to keep up with the new government’s creative economy scheme. However, for the intellectual property financing to be activated at non-governmental (private) level, direct support on the part of the government may not be enough. Establishment of standards and systems related to intellectual property financing and its assessment is all the more significant. Therefore, it is essential the government establish regulations and standards for the purpose of building reasonable value assessment system, provide specialized education on value assessment, and reinforce exchanges among the pool of experts. Further, system that takes into account the possibility of intellectual property financing and technology exchange, where intellectual property rights and finance are converged, must also be organized.