Study On The Legal Issues Of The Patent Asset Securitization Study On The Legal Issues Of The Patent Asset Securitization

With the era of techno-economic, the proportion of intangible assets of assets in the enterprise is increasing, especially patent assets become core assets in the corporate assets. On the one hand, the patent assets is the most powerful competitive weapon in the market competition; the other hand, the patent assets is also a powerful tool of corporate financing. The capital securities of the emergence and deepening of the development provides a new path for the asset finance business to get in the way of the patent asset securitization financing. United States, Japan and other developed countries have already launched a patent asset securitization bussiness, which provides a useful reference for China’s development of patented asset securitization, at the same time China has actively carried out in recent years, asset securitization pilot work, but also for China’s patent asset securitization has laid a solid foundation in the theoretical study and practical operation.Patent asset securitization is a procedures with complicated process and compact structure, involved in a number of subject and technical expertise, arising therefrom a series of legal issues. These legal issues has become the problem can not be ignored in the development of patent asset securitization. In view of this, the paper was devoted to the legal issues in patent asset securitization.Paper is divided into five chapters, the first chapter introduces an overview of the patent asset securitization, first introduced the general legal principles of asset securitization, and then from the definition of operational processes, the basic principles and legal nature of the patent asset securitization a general introdction. The second chapter is the study of foreign patent asset securitization case, analysis the patent asset securitization case have already implemented by the United States and Japan, and summed up some of the issues should be noted that in the China’s patent asset securitization business. The third chapter details the legal relationship in the patent asset securitization from three aspects of the subject, object and content. The fourth chapter of the risk of isolation mechanism in the patent asset securitization, first start from the overview of the risk of isolation mechanism, and then separately analyzed the legal issues in the two parts, the transfer of assets and the bankruptcy-remote in the risk of isolation mechanism. The fifth chapter is some thoughts and suggestions on patent asset securitization, first introduced the obstacles for the development of patent asset securitization in China’s present legal system, and then analyze the feasibility and necessary of development of patent asset securitization in China, finally proposed the relevant recommendations of China’s development of patent asset securitization.