In what aspects are the unstable characteristics of intellectual property reflected?
Intellectual property rights are different from tangible assets. The right holder mainly obtains rights in the form of Mainly based on application or registration. Affected by the national legal system and the characteristics of intellectual property rights, various types of intellectual property rights themselves have great instability. The findings are mainly reflected in the following aspects:
(1) The instability of ownership rights and the institutional risks of intellectual property rights coexist.
The instability of intellectual property ownership mainly exists In terms of patent rights and copyrights, the current Patent Law and Copyright Law respectively stipulate the concepts of service inventions and service works, and also stipulate the ownership of intellectual property rights in commissioned inventions and commissioned creations respectively. According to legal provisions or mutual agreement, When the right holder has not actually obtained the intellectual property rights, it is easy for relevant organizations or individuals to dispute the ownership of the intellectual property rights, which will lead to disputes and affect the stability of the intellectual property rights.
The investigation also found that Different intellectual property rights establishments stipulate different registration authorities. For example, the registration authority for the pledge of trademark exclusive rights is the Administration for Industry and Commerce, the registration authority for the pledge of patent rights is the State Intellectual Property Office, and the registration authority for the pledge of copyrights is the National Copyright Administration. Bureau, the registration authority for new plant varieties is the agriculture and forestry administrative departments of the State Council, etc. If the pledgor jointly pledges two or more intellectual property rights, the registration authority will be more complicated. At the same time, the registration procedures and contents issued by various registration authorities are also inconsistent, and the registration period and fees are different. This complex registration system not only increases the cost of establishing a pledge and reduces the enthusiasm of enterprises to register intellectual property rights, but also It will cause difficulties in trial and enforcement, and ultimately make it difficult to proceed with the subsequent disposal of intellectual property rights.
(2) Unstable obstruction of legal status improve the efficiency of financing.
Intellectual property rights have a certain protection period. Relevant fees must be paid to the administrative agency within the period, otherwise the protection will be lost due to non-payment of fees. For example, the protection period of an invention patent is 20 years, and an annual fee must be paid every year; the protection period of trademark rights is 10 years, and the protection period can be renewed upon expiration, but Renewal fees are required, so the intellectual property rights will expire due to failure to pay the relevant fees in time or the expiration of the authorization period. In addition, entities stipulated by law can also object to intellectual property rights within the validity period by applying for the invalidation of patent rights or the cancellation of trademark rights. The objected intellectual property rights may also be declared invalid from the beginning due to these actions of others. These unstable factors Restricts intellectual property financing.
(3) The instability of value suppresses Implementation of guarantee function.
As we all know, intellectual property rights have the attribute of property rights and can be freely transferred. However, due to their intangibility, when used as financing collateral, they cannot be controlled and controlled by creditors, and the actions performed by the rights holder in the process of controlling them may Causes the value of intellectual property to fluctuate. For example, the licensed use of patents, trademarks, and copyrights may affect its value. In addition, if a patent is infringed, or a trademark is vilified or diluted, its value will be affected, thereby affecting the guarantee function of intellectual property financing collateral. .
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