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 Wysłany: Wto 17:13, 26 Kwi 2011 Temat postu: mbt schoenen online kopen Brand enterprises tradem |
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Brand enterprises trademark of secured loans system
Abstract: The trademark secured loans is an innovative credit species. Trademark with the trademark of the legitimacy of secured loans may be pledged, risk, security assistance and other characteristics. With the United States, Japan, Sweden and other countries experience and lessons for China's trademark system of secured loans secured loans from the specific conditions, regulate the value of assessment procedures, improve the line of credit, pledge the contract to develop,[link widoczny dla zalogowanych], strengthen government guidance, improve the trading system of intangible assets, such as several aspects to be improved.
Keywords: intellectual property as security; trademark pledge; pledges; corporate finance; financial innovation
IPR pledge loans are high-quality patents, trademarks, etc. intellectual property as security for the pledge to banks for loans of a new financing model. IPR pledge financing is to solve the financing difficulties of SMEs as an important way, but also to promote SMEs as an effective means of independent innovation. [1] In recent years, the central government policy incentives and promotion of relevant departments, launched a lot of places of intellectual property as security for SME loans, corporate intellectual property rights of its own pledge to the banks, access to bank loans, to meet the industrialization of scientific and technological achievements of enterprises and business expansion needs. [2] At present, many banks actively explore the domestic financial innovation, intellectual property security for loans to carry out business, welcomed by the scientific and technological enterprises.
specific implementation but there are still many problems, it is necessary theoretical and practical aspects to be explored. This is the brand's trademark business secured loans mainly discussed.
one, brand collateral business loan system and the implementation of the trademark significance of the right to pledge refers to the debtor or a third person as a pledge of property rights enjoyed by the subject, time period, the debtor can not perform the debt, creditors may according to the rights of property interests in the auction, sell or otherwise dispose of, dispose of secured claims from priority claim. [3]
trademark pledge loans are loans to enterprises with a brand trademark law as approved collateral from the banks, according to the agreed interest rate and term debt repayment of principal and interest a loan. Various commercial banks are also well-known trademarks in China access to famous companies issuing loans. The implementation of this approach has important legal and practical significance.
(a) the requirements of the implementation of brand strategy
the founder of Coca-Cola has said, as long as the trademark Coca-Cola in hand, even if the tangible assets of Coca-Cola vanish overnight, Coca-Cola Company of the trademark can also be obtained immediately by the new capital for new production. China's enterprises tend to pay more attention to long tangible tangible property, while ignoring the role of trademarks and other intangible assets, which fought in the market economy a century of foreign contrary. As China's IPR legal system of continuous improvement and the economy, rapid technological development, China began to attach importance to build their own brands, the implementation of brand strategy. From the perspective of law, trademarks and other intellectual property rights for tangible value and more and more attention has to be recognized, the relevant state departments and banks in various ways support the financing of corporate intellectual property, to seek greater development. Trademarks and other intellectual property pledged to the new financing is gradually developing, trading success stories on the rise.
(b) the maximum extent to meet the financing needs of the enterprise brand to help enterprises to actively respond to the impact of post-crisis era in supporting the IPR pledge loans are high-quality patents,[link widoczny dla zalogowanych], trademarks and other intellectual property as collateral to carry out the pledge to banks for loans of a new financing model. IPR pledge financing is to solve the financing problem of SMEs is an important way, but also to promote SMEs as an effective means of independent innovation.
[1]
In recent years, central government policy incentives and promotion of relevant departments, launched a lot of places of intellectual property as security for SME loan business, corporate intellectual property rights of its own pledge to the banks to obtain bank loans, to meet industrial and technological achievements of enterprises and business expansion needs.
[2]
present, many banks actively explore the domestic financial innovation, intellectual property security for loans to carry out business,[link widoczny dla zalogowanych], welcomed by the scientific and technological enterprises.
specific implementation but there are still many problems, it is necessary theoretical and practical aspects to be explored. This is the brand's trademark business secured loans mainly discussed.
one, brand collateral business loan system and the implementation of the trademark significance of the right to pledge refers to the debtor or a third person as a pledge of property rights enjoyed by the subject, time period, the debtor can not perform the debt, creditors may according to the rights of property interests in the auction, sell or otherwise dispose of, dispose of secured claims from priority claim.
[3]
trademark pledge loans are loans to enterprises with a brand trademark law approved by a pledge of a brand and technological advantages of the company to broaden the financing channels, trademark, secured loans came into being, become the new financing options. Security for loans to carry out trademark rights, trademarks and brand names that will help not only the driving effect, enhance independent innovation capability, service and stable development of enterprises, but also help enterprises truly realize the and capitalization. Such as Jiangsu Menglan Group created a national textile industry, the first well-known trademarks in China, created a top spot among the nation's textile industry, the most influential and the most valuable brand, the brand value of 9.165 billion yuan of intangible assets evaluation. By trademark pledge loans in the Bank Suzhou Branch 2 billion. [4] (c) comply with the requirements of diversified banks with loan guarantees of economic and financial market developments, the commercial banks to improve asset quality and improve the asset structure and reduce business risk assets, credit to invest in diversified business trends. In recent years, more and more new loans to invest in higher education,[link widoczny dla zalogowanych], health care, municipal engineering, high-tech industries and other fields.
these new areas, new projects and the resulting body has a certain special financing, unlike the past, the credit business,[link widoczny dla zalogowanych], then the traditional way of security is difficult to meet their financing needs. Therefore, commercial banks began to seek new way of security, to meet the changing needs of the credit structure. The trademark rights of pledge represented a new pledge is a new way of security, although in essence, belong to the pledge of rights guarantees the right to establish its quality, effectiveness and quality of the realization of the right of pledge of rights are different from traditional .
According to the survey, SMEs Division, Bank of Beijing with nine companies signed a trademark pledge loan contract, loan amount of more than 3600 million, and raised in Beijing within the next five years to provide 200 SMEs trademark billion pledge financing scale. Bank of Communications Beijing Branch is also actively promoting the business, put forward within the next five years pledged to provide 100 million line of credit mark. These are secured loans business means that the trademark will be fully open.
(d) extends the scope of the right to pledge security for loans
in the right business, banks usually choose the right quality of notes, bonds, certificates of deposit, warehouse receipts, equity, etc. trademark rights, patent rights, copyright pledge rarely used. Intellectual property mortgage business is actually started a few years ago, so the industry is still considered a new business. Security for loans of small amount of trademark, pledge rate, in terms of banks still in the trial stage.
[5]
such as the Bank provides integrated credit secured loans patented approach, the amount of invention patent of the credit does not exceed 25% of assessed value, utility model patents The credit amount does not exceed 15% of assessed value, the amount of trademark rights in the credit assessment of the value of not more than 50% of the maximum loan amount of 1,000 million, the maximum loan period of 3 years. Even so, after all, this business has made a good start, such as April 2008, Shandong Lu Hua Group Corporation of China Famous Brand This breakthrough, not only confirms the Guarantee Law, Property Law predictability of legislation, but also expanded the scope of the pledge of rights.
Second, the trademark features of secured loans
(a) the legitimacy of trademark laws and policies of the right to pledge security for the relevant provisions made for the trademark secured loans provides a legal and policy support.
First, the In the Pledged Collateral, the provisions of patent, trademark and copyright can be used as collateral security. Financing activities to promote intellectual property pledge, the State Intellectual Property Bureau in accordance with
second is the states: intellectual property have been pledged, the pledgor may not transfer or permit others to use, but by the pledger and the pledgee unless otherwise agreed. Pledgor transfer or permit others to use the property the pledge of the proceeds of intellectual property shall repay the debts to the pledgee or deposited in advance. Requires technological innovation to improve financial services for SMEs. Government guidance and
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