Welcome to Francis Academic Press

International Journal of Frontiers in Sociology, 2025, 7(1); doi: 10.25236/IJFS.2025.070108.

The Practice Status and Legal Risks of Data Intellectual Property Pledge

Author(s)

Luo Jiahao

Corresponding Author:
Luo Jiahao
Affiliation(s)

Law School, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

With the release of the Outline for Building a Strong Intellectual Property Country (2021-2035) and the 14th Five-Year Plan for the Protection and Use of Intellectual Property Rights, the protection and use of data intellectual property rights have gradually become the focus of attention from all walks of life. Many places have successively carried out pilot work on data intellectual property rights, and data intellectual property pledge has gradually entered the public eye as an emerging financing method. However, in practice, the pledge of data intellectual property rights is faced with conflicts with the legalism of intellectual property objects, as well as the problem of the validity of real rights caused by violations of the legal principles of property rights, so that the pledge contract is partially invalid, and the right holder can only seek relief based on the liability for breach of contract. In addition, the pledge of data intellectual property rights is insufficient due to the obstacles to its disposal and realization. The core value of data asset guarantee is not limited to the single function of debt repayment, but is more reflected in promoting innovation and promoting the sustainable and healthy development of the data economy.

Keywords

data intellectual property, Guarantee, Legal risks

Cite This Paper

Luo Jiahao. The Practice Status and Legal Risks of Data Intellectual Property Pledge. International Journal of Frontiers in Sociology (2025), Vol. 7, Issue 1: 47-52. https://doi.org/10.25236/IJFS.2025.070108.

References

[1] Yi Jiming. Intellectual Property Legalism and Its Relaxation: An Analysis of Article 123 of the General Provisions of the Civil Law [J]. Intellectual Property, 2017, (05): 3-11+2.

[2] Zhang Zhipo. The Possibility of Legal Relaxation of Property Rights and Its Boundaries [J]. Journal of Comparative Law Research, 2017, (01): 157-169.

[3] Sun Xianzhong. A Jurisprudence Review on the Rules of Change of Property Rights in China's Property Law [J]. Journal of Legal Science, 2008, (03): 42-51.

[4] Tao Liqin, Ruan Jiali. Intellectual Property Pledge Financing in China: A Review of Practice and Legislative System: Based on the Background of Intellectual Property Strategy and the Codification of the Civil Code [J]. Social Science Research, 2017, (05): 110-117.