The Legal System Of Intellectual Property Securitization Research

Intellectual property securitization is a member of the assets securitization family. It is a financing process that issue securities on the basis of future income of the intellectual property license contract. It was born in American and in the past ten years, it developed step by step and finally become mature. This also means that the capital market begins to acknowledge the value and importance of the intellectual property.Intellectual property securitization is attractive for China, because it can solve the financing problem in small and middle-sized company and promote the appliance of the intellectual property. However, before we consider that if China is ready to use the structure, we should have a full view of the history, basic principle and legal issues of intellectual property securitization in American.This thesis is divided into three chapters. The first chapter systematically introduces the basic principle of intellectual property securitization. At first, it defines what is assets securitization and intellectual property securitization, and the basic running principle of them. Then systematically summarizes the developing history of intellectual property securitization in American, and analyzes classic cases that use copyrights, patents and trade mark to financing money. The second chapter tries to recognize the special legal issue in the process of intellectual property securitization, and how the American settle down that issue using their statute law and precedent cases. With wisdom as gained above, the third chapters follows by analyzing the legal conditions in China to check that if we are ready to transplant the system from American, and then giving some advice to the future legislative and judiciary practices of intellectual property securitization in China.Without the thorough research of certain legal problem in other country, we can not give a deep insight of the comparative law. Although there is no intellectual property securitization practice in China, after a thorough research of the legislative and judiciary practices in American, we can draw a lesson from its experience and do a better job when we start it.