What are the restrictions on the disposal of intellectual property rights by the pledgor
According to the provisions of paragraph 1 of this article, the exclusive use of registered trademarks If property rights in intellectual property rights, patents, copyrights, etc. are pledged, both parties shall enter into a written pledge contract. The content of the contract generally includes the type and amount of the guaranteed creditor's rights, the time limit for the debtor to perform the debt, and relevant information about intellectual property rights such as the registered trademark owner and his registered trademark and registration number, the patentee and his patent number, and the property rights in the patent right. , the name of the copyright holder and the property rights in the copyright, the scope of the guarantee, etc. After the contract is concluded, the right to pledge is not automatically established. It can only be established when the pledge registration is completed with the relevant competent authorities. This is mainly because intellectual property rights are intangible property rights that cannot be publicized in the form of possession, so the pledge of intellectual property rights must be publicized in the form of registration. The “relevant competent authorities” here refer to the competent authorities responsible for the exclusive rights to register trademarks, patent rights, copyrights and other intellectual property rights. Specifically, according to Article 2 of the Trademark Law of the People's Republic of China, the Trademark Office of the Industrial and Commercial Administration Department of the State Council is the department in charge of the exclusive right to register trademarks; according to Article 3 of the Patent Law of the People's Republic of China, the Patent Office of the State Council The administrative departments and the patent management departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are the competent departments for patent rights; according to the provisions of Article 7 of the Copyright Law of the People's Republic of China, the copyright administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for patent rights. The copyright administrative department is the competent authority for copyright.
Pledgor and intellectual property rights
To register exclusive rights to trademarks, patents, copyrights and other knowledge The property rights in property rights are pledged. Both parties shall enter into a written pledge contract. After the contract is concluded, the right to pledge is not automatically established. It can only be established when the pledge registration is completed with the relevant competent authorities. At the same time, if property rights in intellectual property rights such as registered trademark rights, patent rights, and copyrights are pledged, although the rights still belong to the intellectual property owner, since the intellectual property rights are burdened rights, the pledger cannot freely transfer or Licensed to others. If the pledgor is allowed to freely transfer or license others to use its property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc., thenWhether it is a paid transfer or a free transfer; whether it is a paid use by others or a free use by others, it will harm the interests of the pledgee. Because on the one hand, the transfer fee and the fee for licensing others to use it must be collected by the pledgor; on the other hand, the pledgor has the right to transfer its property rights in intellectual property rights such as registered trademark rights, patent rights, and copyrights without restrictions. This will lead to a decrease in the value of the property rights in the registered trademark, patent, copyright and other intellectual property rights. The final result will inevitably damage the interests of the pledgee and be detrimental to the realization of the secured creditor's rights.
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