Intellectual Property Securitization Legal Regulation Research

Intellectual Property Securitization is an emerging issue in recent years, it mainly refers to the Originator, sell the stable cash flows income of its intellectual property rights to an Special Purpose Vehicle(SPV), through some re-structuring, the SPV restructures the underlying assets, constructs an asset pool, and makes credit enhancement and credit rating, then issues securities with the support of underlying assets generate cash flow by underwriters. In short,with the support of of intellectual property future licensing fees, issuing asset-backed securities financing.As an important financial financing means, Intellectual Property securitization provides a strong support for promoting high-tech transformation and promoting scientific and technological progress. It has become an important mode of financing to the development of foreign high-tech enterprises. However, this new financial instrument application development in China is almost zero, it did not play out the financing of intellectual property value, and is not in line with our policy of implementing intellectual property strategy yet, in order to promote the development of our intellectual property securitization, the first which muet be soluted is laws and regulations support.This article starting from the legal regulation of intellectual property securitization,analyzes the key legal issues of Securitization of intellectual property.First of all, in the first part of the article, this article make a general description of the theory of intellectual property securitization, focusing on the generation of securitization and the concept of intellectual property securitization, and analyze the special features of intellectual property as the basis of the assets of the securitization,then presents the practical significance and the legal significance of intellectual property securitization.Secondly, the article focuses on the legal issues of intellectual property securitization, in this part, the author first analyzes the process of intellectual property securitization, sorts out the subject, object and the rights and obligations, elicits three key issues of intellectual property securitization:the true sale, bankruptcy-remote, and the issuance of securities. On this basis, the author these three important questions based on the legal system of United States and other country in detail.Finally, the article makes the foothold to our country, analyzes the current laws and regulations in China firstly, aimed at the three important questions mentioned above,finds out which would support the completion of intellectual property rights securitization in our current laws, and where there is inadequate.After in the analysis of the characteristics of the defect, the author proposes sound recommendations on the basis of current law.