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Supervision Of Intellectual Property Right Backed Securitization

Posted on:2009-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:L H HuangFull Text:PDF
GTID:2189360242987671Subject:Law
Abstract/Summary:PDF Full Text Request
As one of the financing tools, Asset Securitization is born with liquidity risks, but we should not totally negate its positive role. Materialist dialectics tell us: Everything is double-sided, so we should treat Asset Securitization in dialectical and objective views. The appropriate practice is: We could take the necessary legal supervision while making the active role of Asset Securitization into force in case of its risk. The asset securitization of intellectual property is a deepening of the asset securitization in the security object. It is of great significance for the transformation of intellectual property rights; It is certainly different from the general asset securitization. So there must be some differences in the legal supervision. There is small study relatively in the legal regulation for the asset securitization of intellectual property. Based on the intellectual property rights of securities regulation for the research center, the text could be divided into four chapters. It discusses the issue from the four areas of the theoretical foundation, monitoring style, supervising content and the improvement separately.Chapter 1 makes a summary for the asset securitization of intellectual property. The asset securitization of intellectual property is based on Asset Securitization. The operation of foreign asset securitization has been quite common, and the operation of the asset securitization of intellectual property is mainly in practice. This chapter discusses the securitization-can be issues of the intellectual property assets and its particularity, and remarks the need for the supervision of securities from the investor protection and the risk prevention of intellectual property assets.Chapter 2 explains the existing government-oriented monitoring and self-disciplined supervision at home and abroad, analyses their advantages and disadvantages. In comparison, it analyses the concept choice, the basic principles and the mode selection of the securities regulatory system.Chapter 3 comments On the of the most important SPV supervision, the sale of real supervision, information disclosure regulation in the intellectual property assets in the securities. The SPV regulation involved the establishment, operation, and the cancellation of the dissolution. The part of true sale regulation starts from its standards. And the information disclosure regulation includes the need for supervision and specific content of the information disclosure.Chapter 4 analyses the possible problems of the securities motoring system in the being applied of the legal regulation of the intellectual property assets securities, including inadequate legislation, the positioning error of the regulatory body, the weakness of the self-discipline organization, the disclosure of information and the other issues. Forever, this chapter makes series of recommendations against the issue, such as monitoring legislation, regulatory model and the improvement of content regulationThe entire article is from the ideas put forward and analyzing problems to solving problems. It analyses the feasibility and specificity of the securitization of the intellectual property assets, and basing on the experiences at home and abroad, combining our existing system of securities regulation, proposes countermeasures for the legal regulation of the securities assets of the intellectual property.
Keywords/Search Tags:Asset Securitization, Intellectual Property Right, Supervision System, Information Disclosure
PDF Full Text Request
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