Study On Legal Issues Of Intellectual Property Rights Securitization

Knowledge and information is being more and more important in the age of knowledge economy, and intellectual property rights (IPR) is becoming one of the most important resources of our society. But poor liquidity and hard to commercialize is the nature of IPR, which hold back liberating the unrealized value of IPR. Securitization is one of the innovative financial instruments which meet the need of the trend of commercialization and capitalization culture of our age. Securitization optimizes liquidity and enhances trading efficiency of social resources, and realizes the potential of assets as soon as possible. Driven by the anxious demand of capitalization and commercialization of IPR, an innovative financial instrument which integrates knowledge potential and innovative financial power emerges. It is IPR securitization.IPR securitization would resolve the bottle-neck problem of production transformation of IPR industry, and it would also break fresh ground for securitization field, which brings new energy for capital market. Enormous riskand complicated structure as it faces, IPR securitization got dramatic growth——achieved hundredfold increase in ten years.In the aspect of theoretic study, there are only a few introductions about IPR securitization in our country, and systemic and thorough study has not been found yet. IPR securitization is a special category of asset securitization, so the technique, structure and theory of securitization could also be applied to IPR securitization. This thesis only covers the special legal issues of IPR securitization in comparison with normal asset securitization, and the aim of study is to provide objective, thorough and specific information and advice to those who are interesting in IPR securitization, and show the advantage, obstacle and complexity of IPR securitization to them.This thesis includes for chapters. Chapter one introduces general conspectus of IPR securitization including origin, feature, advantage, key operative processes and main practices. Chapter two studies the legal issues of securitized IPR including copyright, patent and trademark. Chapter three studies the special legal problems arising in the operating progress, including IPR risk bankruptcy remote mechanism and special risk mechanism for IPR securitization operating. In the chapter four, this thesis analyzes the necessary, feasibility and obstacle of developing IPR securitization in China, and provides some legal suggestions in according to the above analysis.