Research On Several Legal Problems Of Patent Property Assets Backed Securitization In China

Asset backed securitization is a emerging financing pattern.Asset backed securitization origin in USA in the 1970s,and spread around world in a very short time.The superiority of asset backed securitization mainly has two aspects,one is solving the enterprises' financing problems,the other one is providing a new invest production for investors. Asset backed securitization has just started in China.A series of actions symbolize that our country already started to approve this kind of financing pattern.The patent property backed securitization is securitization domain another breakthrough,its financing function will agree with our country to found "the innovation country" well and the implementation intellectual property rights strategy demand.Now,the proprietary product development and the research need the massive long-term funding invested,the financing success or failure immediate influence to the high technology and new technology enterprise's success and the development.But as a result of the patent property spontaneity's special nature,the patent property is opposite with other properties needs to pay attention to its transaction risk.Firstly,this article inspects the concept of patent property backed securitization,the world trend of patent property backed securitization's development,the feasibility analysis and the positive sense to China.Then,analyze the principle of law on patent property securitization's,including the legal essence and the legal relationship.At last,compares our country legal regime of patent property backed securitization to make the self-criticism and the suggestion.