Legal Research On Intellectual Property Securitization's SPV

Intellectual property as the core of the intangible assets is getting more and more important in the knowledge economy era,. Intellectual Property Securitization has gradually attracted people's attention because it is an effective combination of Intellectual capital and Financial capital. The crucial framework of Intellectual property securitization transaction is the design of bankruptcy-remote, the Special Purpose Vehicle is the carrier of such a bankruptcy-remote. It is specifically established for issue securities, and its existence is to realize bankruptcy remote, thereby it can ensure the security of cash flow, improve traded credit rating and attractive more investors buying Asset-Backed Securities. Although the implementation of China's "Trust Law", "Bankruptcy Law", "Credit Asset Management" have provided some legal basis for the Intellectual Property Securitization's bankruptcy-remote., and we also have successful attempt in asset securitization, the conditions of Intellectual Property Securitization are not ripe, the most important reason is the lack of relevant laws and regulations. It is directly impact on intellectual property securitization transactions. Any financial innovation has risks, when we encourage and promote the development of the Intellectual Property Securitization , we also need to improve the legal system of intellectual property securitization by taking appropriate preventive measures, especially have more cautious and forward-looking on the SPV's legal system.This paper will research on the SPV's special legal status, rights and obligations, regulatory and liability, then reference the international SPV practical experience, find a effectively SPV's legal system according to our own unique legal system , and promote the process of intellectual property securitization in China.