The Research On Legal Issues In Foundation Assets Transferring Of Securitization Of Intellectual Property Rights

With the development of knowledge economy, the intellectual property rights' important position has been noticed generally, it is also regarded as one of most important resources of the enterprise. Because the intellectual property rights have characteristics of bad fluidity and difficulty to commercialize, which suppress the excavation of the "the gold ore". From last stage of the 20th century, as the monetary system innovated unceasingly and the capital market is more flourishing than ever before, the property securitization was born as one kind of brand-new financing tool. The property securitization relies on the superiority of finance which is outside fiscal statement, structure financing and the credit financing, pursued widely by various countries' capital market. With the property securitization's development, the intellectual property rights become one special form of property, therefore the new financing tool was created, which fuses intellectual property rights and the finance.The securitization of intellectual property rights not only speed up advancement which transforms from the new and high technology to the realistic productive forces, but also provide one kind of new financing channel for the new and high technology enterprise. Moreover, the securitization of intellectual property rights can stimulate the independent innovative ideology and sharpen the independent innovation ability. The securitization of intellectual property rights is a complex financial project combining risk and the opportunity in a body, which involves accountant, the finance, and the legal domains. At present the domestic theorists' researches on the securitization of intellectual property rights mostly are introduction to the basic principle, systematic and deep-going researches are quite few. The intellectual property rights is suitable to the general principle of property securitization, which belongs to the property securitization object essentially, But as one kind of special foundation property, the intellectual property rights display particularity in the securitization process inevitably. The writer plans to carry on analysis on particularity of the intellectual property rights securitization, and then makes it be more feasible.In the article structure, the full text divides into five parts besides the foreword. The first part mainly introduces the elementary theory of intellectual property rights securitization, including its concept, origin and recent situation of development, operation processes, superiority and risk; The second part mainly researches on subject of the intellectual property rights securitization, in the numerous participation subject, SPV is the key to the study in this article; The third part mainly researches on the object of intellectual property rights securitization, including the standard which can tell you what kinds of intellectual property rights are suitable to securitize, the intellectual property rights property's legal essence analysis, restrictions on the assignment to creditors, the structure of intellectual property rights pond and the Anti-Trust Laws; The fourth part carries on a brief analysis to assignment 's effect of the intellectual property rights property,which is the bankrupt isolation in other words; The fifth part is the summary of the whole paper, the paper puts forward some suggestions on legislation of Chinese securitization of intellectual property rights。...