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知识产权质押融资或成为中小微企业融资新途径

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  • Time of issue:2018-09-19 10:52
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(Summary description)2018年上半年,江苏省专利质押融资金额高达18.1亿元,质押专利项目223项,平均每个项目的质押融资金额超过800万元。在今年年初的江苏省知识产权局局长会议上,江苏省订立了实现知识产权融资额比2017年翻番的目标。4月,江苏省知识产权局启动百亿融资行动,力争到2020年,全省知识产权融资规模突破100亿元,服务中小微企业超过1000家。

知识产权质押融资或成为中小微企业融资新途径

(Summary description)2018年上半年,江苏省专利质押融资金额高达18.1亿元,质押专利项目223项,平均每个项目的质押融资金额超过800万元。在今年年初的江苏省知识产权局局长会议上,江苏省订立了实现知识产权融资额比2017年翻番的目标。4月,江苏省知识产权局启动百亿融资行动,力争到2020年,全省知识产权融资规模突破100亿元,服务中小微企业超过1000家。

  • Categories:最新消息
  • Author:
  • Origin:
  • Time of issue:2018-09-19 10:52
  • Views:
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2018年上半年,江苏省专利质押融资金额高达18.1亿元,质押专利项目223项,平均每个项目的质押融资金额超过800万元。在今年年初的江苏省知识产权局局长会议上,江苏省订立了实现知识产权融资额比2017年翻番的目标。4月,江苏省知识产权局启动百亿融资行动,力争到2020年,全省知识产权融资规模突破100亿元,服务中小微企业超过1000家。江苏正逐渐踏出一条知识产权金融之路,为中小微企业发展注入了创新活力。

近今年来,我国的知识产权质押融资发展迅速,质押融资金额不断增长。而在国外发达国家,早已形成一套比较成熟的知识产权质押融资体系。

日本是亚洲比较早开展知识产权质押融资业务的国家之一,体系已经基本成熟,日本模式主要是依靠政策性金融机构----信用保证协会及日本政策投资银行联合开展。信用保证协会为中小微企业融资提供担保,这样可以降低银行的风险,也为中小微企业的知识产权融资提供长期有效的保证。日本政策投资银行扮演贷款的提供者、协调者、知识产权资产化的运行者等重要角色。

美国模式主要有两种,一是以知识产权未来的收益作为质押物;二是利用知识产权从而获得第三方的信用加强或者信用保证。目前美国的知识产权质押融资大部分都偏向以知识产权权利金作为担保的标的,银行比较重视企业的现金流及信用状况,知识产权质押知识作为加强信用、分散风险的贷款担保的补充手段。美国M-CAM公司在2000年提出知识产权融资保证资产收购价格机制,该机制允许金融机构在行使贷款时,将被质押的知识产权以预定的价格售予M-CAM公司,从未避免了金融机构开展知识产权质押融资过程中的变现风险。

韩国中小微企业数量较多,从而建立了政府绝对主导、金融机构和技术价值评估机构共同参与的知识产权质押融资服务模式。为促进技术交易以及促进价值评估的规范化,韩国于2000年颁布《技术转移促进法》。同时,明确限制进行知识产权价值评估的主体性质,企业通过评估即可获得贷款资格,便于企业在缺乏有形资产的前提下进行多渠道化的融资。

江苏省推广知识产权质押融资主要是通过“我的麦田”平台。“我的麦田”平台是由江苏省知识产权局、南京市知识产权局、南京江北新区管委会、中国(南京)软件谷管委会、江苏省专利信息服务中心和南京橙麦信息技术有限公司共同建设的第三方综合服务平台,以知识产权金融服务为主题,通过网站和APP帮助中小微企业实现知识产权与金融资本对接。知识产权融资额度最高单户达到7000万元,通过平台质押融资的金额将近1亿元。

目前,“我的麦田”平台已经与中国银行、江苏银行、南京银行都取得了合作,对于有知识产权质押融资需求的企业,经过初审之后,平台会和江苏省专利信息服务中心联合出具一份评价分析报告,该报告将提供给银行,再由银行运行免评估流程。一般情况下,在初审合格之后,报告在3个工作日内就可出具。对于知识产权价值识别难,评估变现难等问题,江苏知识产权局也进行了一些创新,将企业分为ABC三类,如A类企业包括承担过江苏省企业知识产权战略推进计划项目的企业等八个子类别。在这一标准下,退出免评估模式,按照类别发放贷款,给予最高500万元知识产权质押信用贷款。

知识产权作为一种无形资产,将其量化具有很强的挑战性,因此,在推进知识产权金融工作的每一个环节时,都要考虑好是否可行,不能做虚无缥缈的事情,否则将存在很大的隐患。实际上,江苏省也进行了一些降低知识产权金融风险的措施。江苏知识产权局开展了百亿融资行动计划,江苏省省信用再担保集团与7大银行建立风险分担机制,江苏省信用再担保集团对于7大银行所承担的知识产权质押承担80%的风险。江苏省信用再担保集团率先与南京江北新区合作,共同建立了风险补偿资金池,信用担保公司给予南京江北新区知识产权质押融资每年10亿元的信用额度。江苏省知识产权局海域科技部门进行合作,将专利权作为科技型中小微企业贷款的质押物之一,对贷款出现损失的,按照《江苏省科技成果转化风险补偿专项资金管理办法》进行补偿。与金融管理部门合作,将知识产权质押作为优化质押方式的手段之一,给予政策之处。同时,引导市县不断完善专利质押融资扶持政策,出台一系列政策文件,对专利质押贷款给予一定额度的贴息支持。

江苏省推广的“银行+平台+担保”的专利质押融资模式,有效地扩大了专利质押融资的覆盖面,拓宽了知识产权价值实现和金融服务渠道,进一步激发企业创新能力、释放企业发展活力。大力发展专利质押融资,将有效解决一批中小微企业融资贵、融资难的问题,对缓解科技型中小微企业融资难具有重要意义。

 

Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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