Realization of Pledge Right in Pledge Financing of New Plant Variety Right

Linqi Li ； Yawen Xu

《Frontiers in Economics and Management》 3卷5期 (2022/05) Pp. 726-734

https://doi.org/10.6981/FEM.202205_3(5).0098

摘要

The pledge financing of new plant variety right is a special content of intellectual property pledge financing. It can give full play to its exchange value and economic value. By expanding the financing channels of modern small and medium-sized enterprises, it is conducive to maximize the role of enterprise resources. However, the change process of the pledge is more complex. When the debt is due, the debtor is unable to repay the loan or the parties agree on the pledge right in advance, the exchange of the price change of the new plant variety right must be used to protect the interests of the creditor. The transfer of new plant variety right is affected by variety quality, production conditions, enterprise reputation and other factors. When the new plant variety right is pledged, it is difficult to deal with it, that is, when the pledge right is realized according to the agreement or legal provisions, the subject matter cannot be traded and difficult to realize due to various reasons, resulting in the failure to effectively realize the pledge right. The poor financing channels of new plant variety rights will reduce the number of transactions, affect the quality of transactions, and worsen bank credit.

關鍵字

New Plant Variety Rights ； Finance ； Pledge

參考文獻

X.X. Hu: Legal Basis of New Plant Variety Rights (Intellectual property Press, China 2018), p.106. (in Chinese).

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J.J. Liu: Research on Some Problems of Intellectual Property Pledge (China University of Political Science and Law Press, China 2016), p.8. (in Chinese).