Intellectual property pledge financing is emerging as a number of innovative sme financing options, with banking financial institutions lending 26,645 million yuan in the first half of the year. Two months ago, the china bank's superintendence of insurance, in conjunction with the national intellectual property administration and the national copyright authority, issued a circular on further strengthening efforts to finance pledges of intellectual property, which further promoted the development of intellectual property pledge financing at the policy level。
With regard to the development of the intellectual property pledge financing market, the co-founder of best lawyers, lee seong, believes that the demand for intellectual property pledge financing over the next three to five years is huge at a trillion dollar level and has great potential. In response to the reality of intellectual property pledge financing, the former vice-president of the bank also recently wrote an analysis and indicated a “discussion” path。
The scale of financing is growing steadily. Hana
According to publicly available data, as at the end of june this year, banking financial institutions had issued a cumulative total of 3485 intellectual property pledge loans in the same year, amounting to 26,645 million yuan in the same year and a balance of 69,154 million yuan in the same year. It can be said that the scope of intellectual property pledge financing is gradually increasing。
Unlike traditional forms of application for loans from financial institutions in the form of immovable property as collateral, li indicated that pledge financing of intellectual property was a relatively new form of financing for enterprises or individuals that were assessed as collaterals for legally owned patents, trademarks, property rights in copyrights, and applications to banks。
In view of the fact that our country is now a large country with intellectual property rights, pledge financing of intellectual property rights (iprs) is an important tool for the use of intellectual property rights (iprs). It is an important element of the real economy of financial services that makes it possible for enterprises to use their intellectual property resources efficiently, and that it stimulates enterprises to invest more in scientific research and development and enhances the transformation of scientific and technological results。
With a view to facilitating the development of intellectual property pledge financing, the bank insurance regulatory authority, the intellectual property authority and the local government authorities concerned have actively promoted innovative approaches by insurance companies, guarantee institutions, government funds and related intermediaries, which have evolved into more typical models of financing, such as the “middle village model” featuring the participation of “banks + government + insurance” and the improvement of risk compensation mechanisms, the “middle mountain model” featuring “government + insurance + banks + assessment companies” risk co-financing, the “suzhou model” combining “insurance + financing”, innovative use of credit guarantee insurance, direct investment of insurance funds, and the “bank + government fund guarantee + patent counter-guarantee” model featuring the “pushong model” fully the role of the government guarantee entity。
In august of this year, the bank issued a circular on further strengthening of intellectual property pledge financing, jointly with the national intellectual property agency and the national copyright authority, proposing a range of policy measures to support the expansion of intellectual property pledge financing, including the optimization of the system of intellectual property pledge financing services, the enhancement of innovation in intellectual property pledge financing services, sound risk management of intellectual property pledge financing, and improved intellectual property pledge financing guarantees. With regard to the development of the intellectual property pledge financing market, li agreed that the market's potential was enormous, and it was expected that over the next three to five years, the demand for intellectual property pledge financing would be in the order of trillion yuan, and the premium on intellectual property insurance would be in the order of 10 billion yuan。
Keeps the problem-oriented
Despite the steady increase in the size of intellectual property pledge financing, the current practice in most places is not based on a fully marketable model and there are many challenges that need to be addressed in practice。
According to li, the main financial institutions involved in intellectual property pledge financing are banks and insurance institutions, and the insurance market is largely covered by financial insurance, safe motherhood insurance and three too-salary insurance. At present, the country's intellectual property pledge financing market is still at a “government-led, fiscal subsidy” stage. In his view, banks and insurance institutions faced four main risks in their intellectual property pledge financing operations。
The first is legal risk, with no corresponding safeguards; the second is valuation risk, with no reliable assessment; the third is business risk, with no defined value; and the fourth is risk management, with no channels for circulation. To address these issues, it is necessary to find the right path to address them in order to better facilitate the development of intellectual property pledge financing。
“bank insurance institutions and regulators at all levels need to be issue-oriented, consistent with reforms, exploration and innovation to achieve greater breakthroughs in valuation of intellectual property rights, disposal of realizations, etc.” the recent exchange of experiences on intellectual property pledge financing (telephone) organized jointly by the china bank insurance board and the national intellectual property authority noted。
In its contribution, a. M. A. Proposed a corresponding “discussion” programme for some of the problems faced in the practice of intellectual property pledge financing. In response, for example, to the practical problems of intellectual property pledge financing, such as “value difficulty”, “transaction difficulty”, and “disposal difficulty”, he noted that it was not possible to rely entirely on market autonomy at the present time, and that commercial banks lacking business experience could be encouraged to try to operate, reduce risk assessment pressure on operators and lead them to become familiar with, and promote, pledge financing. He also noted that the low number of places, the length of time spent on pledge registration and the complexity of the process were real obstacles to the involvement of banks and businesses in intellectual property pledge financing and that the facilitation of registration needed to be advanced. At the same time, most existing valuations of iprs are detached from markets, and commercial banks lack the means to dispose of risky assets. (c) accelerate the promotion of a national professional trading platform, which will help to bring together the main players, expand the volume of transactions, create a good mechanism for price discovery and achieve efficient material disposal。
According to li, intellectual property assessment is key to the development of “intellectual property pledge financing”. Neither loan approval nor insurance coverage nor the disposal of poor credit assets leave the critical work of intellectual property assessment. The application of intellectual property insurance to insurance law and law relating to intellectual property is essentially a legal issue, specific to the different subject matter of intellectual property, and is assessed with attention to legal factors that have a significant impact on the assessment of value。
