Research Of Legal Problems On The Risk Isolation System Of Intellectual Property Securitization

As both of financial financing and the development of innovative intellectual property securitization of intellectual property rights, it is an absolutely new issue in Chinese law theory and research. This article is starting with the risk isolation and then has an exposition in intellectual property securitization.This paper is composed of introduction, the main body, and conclusion three parts.The first part introduces the main topic and the thinking logic of this paper. First of all, intellectual property legal system is playing a more and more important part in Chinese market economy. And the government is now actively taking measures to implement the intellectual property strategy. And then, intellectual property securitization is the system innovation of intellectual property development and financing. It promotes the intellectual property industries and plays an important role in the national intellectual property strategy .After that, risk isolation system is the core legal issue of securitization of intellectual property .Therefore, it has great significance both in studying and practicing the risk isolation system of intellectual property securitization .However ,there are many problems and challenges in studying the risk isolation .And how to solve problems and face e challenges are the major content of the main body.The text is divided into four major parts, first of all, the first part of the course is introducing the definition and operation process of securitization of intellectual property rights, which is the starting point and a qualitative issue of the article. " yesterday of history means today and tomorrow", intellectual property securitization is not water without a source, or a tree without roots .It is a new development of the target of asset securitization extended to the new invisible areas. Therefore, it must have to give a summary of asset securitization before introducing intellectual property securitization. During the process of intellectual property rights securitization operation, the article highlights the main parties involved in the operation and the brief process, and puts emphasis on the introduction of the core principle and three basic principles .This is also a basic to the following exposition on risk isolation system. This part's task is solving what is intellectual property securitization in the logic of the text and raising a question.In the second major part of the main body, it analyzes the significance and the reasonableness of intellectual property securitization. First, it begins with the characteristics of intellectual property securitization: structure financing, off-balance sheet financing, and credit financing. Because of its inherent advantages, there are different motives of the start-up of intellectual property securitization. It will have many active meanings for different participators after its startup. In a macro point of view, intellectual property securitization is an important part of a country's national intellectual property strategy and an important component of the link. It plays a tremendous role in promoting intellectual property rights industry and resolving financing channels and the low rate of conversion situation. In a microscopic view, different participators have many benefits .It not only solves the shortage of funds, the liquidity and the rate of turn-over issue for the possessor of intellectual property, but also provides different kinds, high rate of return and low rate of risk securities objects.The third part is the subject and the core of the paper which exposits intellectual property securitization from risk isolation .Firstly, it must make clear the source of the risk of intellectual property securitization .That is to say, which risks should be evaded by legal means .Secondly, it exposits the selected risk in intellectual property rights during intellectual property securitization .That is to say, it must discuss the selection criteria of assets and issue that which intellectual property rights should be securitized .This is one innovation of the theses.In the fourth part, the paper briefly introduces the true sale. Once more, the paper want to make sure that the transfer of assets of intellectual property coincides with the risk of real sale or not in the securitization. True sale is the necessary requirement for bankruptcy isolation .It mostly concerns many issues such as the choice of the asset transfer forms, a system of notification of the transfer of the identification, evaluation criteria of true sale, and so on.Finally, it is the conclusion. It does a summary, and makes a further clear step in the paper's view .