Research On Several Legal Problems In Developing Intellectual Property Securitization In China

Asset securitization is a new financing instrument which has competition predominance in asset credit financing and structural financing, and it has got into good graces of capital market all over the world. Asset securitization becomes multiform; its intension is becoming deeper, and its extension is widening. With the development of knowledge economy, huge economic value of intellectual property emerges. Intellectual property securitization emerges as the times require, and it has played a huge role in promoting the development of cultural industry and high-tech industry. So, overseas experience of intellectual property securitization can be used for reference to solve the development bottle-neck of production transformation in national intellectual property industry, and it also can increase investment products in capital market.Business mode of intellectual property securitization based on traditional securitization technique, but particularity of intellectual property upgraded securitization's business difficulty and legal risk. So, the thesis try to get a breakthrough in special legal problem of intellectual property securitization in which traditional securitization technique was used. Except the introduction, this thesis included 5 parts. Firstly, this paper distinguished and induced the conception, origin, development and types of intellectual property securitization. Secondly, according to the study of nodes between intellectual property and asset securitization, legal relation and flow of intellectual property securitization, this thesis analyses the fit assets, risk- separated mechanism and legal risk of intellectual property securitization. Thirdly, based on inductiveness of foreign literatures and typical cases, the thesis searched the feasibility and risk in developing intellectual property securitization in our country, and emphasized to study the range of intellectual property which can be securitized, legal problem in effectiveness, value evaluation, register of intellectual property transfer. Finally, the author gave the legal suggestions to solve these questions above-mentioned, and also legal suggestions to develop our national intellectual property securitization.Intellectual property securitization involves multi-ply fields such as technology, finance, law etc. At present, there are few study of intellectual property securitization in theory fields, and no systemic study. According to foreign experience and our national market situation, the thesis concluded that there would be a promising future in promoting intellectual property securitization. Based on this thesis, the author hoped that more scholars would launch into the study field of intellectual property securitization, and make suggestions to our national intellectual property industry and financial industry.