商标权质押分析-法律专业论文.docxVIP

I I II II Abstract The pledge of trademark means using the right of trademark to hypothecate the debt, the creditor is entitled to have pledge on the value of trademark when the debtor can not fulfill the debt. The pledge of trademark is an increasingly important intangible assets guarantee way in the knowledge-based economy of modern society. Comparing with the security of traditional tangible property, the pledge of trademark plays an important role for high-tech enterprises and small enterprises which have independent intellectual property rights and lack large real estate , because it has many merits such as non-transfer of the subject, a subject of great value, rich resources. The pledge of trademark has been the popular guarantee way in economical developed country. Moreover, in China the pledge of trademark is still in the initial stage, although the Real Right Law, the Security Law and Administrative Regulations have provided the basic rules, but such laws are too broad and mutually conflicting, so it is difficult to create a specific operation in practice. Researchers have not done enough work on the problems that arise in practice, which is of great theoretical and practical value in our country. This paper uses the method of comparative Law，value analysis method and empirical approach to compare systems of trademark pledge between developed countries and china, which can help china improve its legal system. There are four parts in this paper discussing theoretical base, value and so on of pledge of trademark. The first part of this paper demonstrates the theoretical foundation and legislative rules in the field that trademark right is considered as property right, concluding that trademark can hypothecate the debts. The reasons are as follows, the trademark right is transferable property right, the trademark right is property right except ownership, and the trademark hypothecating the debts is allowed by law. The second part discusses the value of tradem