Study on Legal Issues of Intellectual Property Rights Securitization
|School||Central South University for Nationalities|
|Keywords||intellectual property true sale risk isolation securitization|
Intellectual property has been paid much more attention with the rapid development of economy and technology, all countries concerned about how to effectively use of intellectual property rights to create greater value. Securitization which has been taken as a major asset securitization project in United States and other developed countries is the latest application for utilizing the intellectual property. Securitization of intellectual property has a very important significance to the development of intellectual property. Securitization of intellectual property is a good choice for those companies who lack of sufficient credibility but also possesses advanced technology, and it can solve the problems of capital sources by using the intangible asset. An enterprise can get currency by launching its packed intellectual property in stock market, by which the enterprise could get financial aid, make the best use of intellectual property to realized future value and improve the liquidity of the assets, in recent years, intellectual property develops very quickly in China but the commercialization of intellectual property grew slowly. Securitization of intellectual property is a innovative approach of financial support which arise from the arrival of knowledge economy and social trends of active financial capital market, it gives the channel for promoting the industrialization of our intellectual property and realized the value of intellectual property rights.In addition to the introduction, the main content of this dissertation be divided into four parts: the first part analyzed the legal relationship of intellectual property securitization, firstly, introduces the concept, characteristics and nature of intellectual property securitization; secondly, analyzed the subject, object, and content of legal relationship of intellectual property, then come to a conclusion that future creditor’s rights as the underlying assets is better for intellectual property securitization in our country. The second part focuses on the problem about risk isolation, research the standard of measuring true sales, study the form of special purpose vehicle (spv) and discuss how the SPV isolate from the bankruptcy. The third part analyses some typical case from foreign country, summarizes the successes or failure of securitization of intellectual property, and figures out a successful progress for China. The fourth part analyses the positive factors and difficulties of securitization of intellectual property in our country, gives some legal advice in this progress for our country, and advance a method of securitization that match with the condition of the economy of China.This paper advocates that securitization should be used in intellectual property transfer market and improves the efficiency of the use of intellectual property in China.