Study On Special Purpose Vehicle In Patent Securitization

Special purpose vehicle is a critical body in securitization. Patent securitization, in which special purpose vehicle is also critical, is the further development of securitization. Patent securitization has a lot common with securitization, and has its own characteristics. According to the train of thought, this dissertation researches into the legal problems of special purpose vehicle in securitization on the basis of mature theory and legal system of special purpose vehicle in foreign countries.Firstly, the paper states the definition and characters of patent securitization according to the practice of patent securitization in America and Japan,and demonstrates the significance of carrying out patent securitization in China. Secondly, it demonstrates special purpose company and special purpose trust, and compares the two organizations. According to the experience of USA and Japan, it is proved that special purpose trust is available in Chinese patent securitization. Thirdly, it discusses the manner setting up special purpose vehicle in China current situation.The author thinks it realistic to permit trust company to act as the trustee, and then discusses a series of legal obstacles encountered by special purpose trust in China current situation. At last, the author puts forward the resolution model of legal obstacles on the basis of Chinese legislation, by learning from other foreign countries experience on legislation models.