2010•Journal of Shanxi UniversityRequires access

On the Type of Intellectual Property Guarantee

Juan Li

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Abstract

The object of intellectual property is crucial in identifying the type of intellectual property guarantee.As intellectual property is some particular useful information,neither possession nor quasi-possession applies to intellectual property,and the regulations on rights pledge impede the development of intellectual property guarantee.The use of registration does not indicate that intellectual property guarantee should be classified as security.Instead of awkwardly classifying intellectual property guarantee as security or pledge,it might be better to treat it as a different category and use the benefits of control as the basis to improve China's existing system of intellectual property guarantee.

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The object of intellectual property is crucial in identifying the type of intellectual property guarantee.As intellectual property is some particular useful information,neither possession nor quasi-possession applies to intellectual property,and the regulations on rights pledge impede the development of intellectual property guarantee.The use of registration does not indicate that intellectual property guarantee should be classified as security.Instead of awkwardly classifying intellectual property guarantee as security or pledge,it might be better to treat it as a different category and use the benefits of control as the basis to improve China's existing system of intellectual property guarantee.

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Available abstract

The object of intellectual property is crucial in identifying the type of intellectual property guarantee.As intellectual property is some particular useful information,neither possession nor quasi-possession applies to intellectual property,and the regulations on rights pledge impede the development of intellectual property guarantee.The use of registration does not indicate that intellectual property guarantee should be classified as security.Instead of awkwardly classifying intellectual property guarantee as security or pledge,it might be better to treat it as a different category and use the benefits of control as the basis to improve China's existing system of intellectual property guarantee.

Key concepts: Intellectual property, Pledge, Possession (linguistics), Intangible property, Business, Property (philosophy), Law and economics, TRIPS architecture

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