专利质押中的权利冲突问题探析

专利质押过程中涉及的权利冲突主要包括:在不同机关登记的专利质权的冲突;在同一机关登记的专利质权的冲突;未登记的专利质权的冲突;专利质权与受让人权利的冲突;等等。我国立法缺乏对上述权利冲突的解决规范,在面对上述权利冲突时往往无所适从。有鉴于此,应参考国外立法经验并借鉴抵押权的相关规则,建立完善的权利冲突规范,促进专利质押融资的开展。

Study on Conflict of Legal Rights in Patent Pledge

There are different conflicts of legal fights in patent pledge, including conflict of legal fights between registered patent pledge fights in different registry; conflict of legal fights between registered patent pledge fights in the same registry; conflict of legal fights between unregistered patent pledge fights; conflict of legal fights between the secured creditor and transferee, and so on. Because of lacking of rule of conflicting fights, the secured creditors often find themselves in dilemma. Therefore, in order to accelerate the development of patent pledge, it is useful to learn from legislation on other countries and rule of conflicting fights of mortgage.