Intellectual Property Securitization In Our Country Law Studies

Intellectual property rights securitization is a kind of asset securitization; it artfully combines the intellectual property rights and financial engineering, and deepens the enterprise financing channels so as to broaden the investors’demand for the intellectual property rights with high risk and high profit. As a complete securitization process, there will mainly involve three aspects when solving legal problems:intellectual property rights itself covers the legal issues which to be resolved; the legal issues appearing when designing Traditional asset securitization structure; And after combination of the intellectual property rights and the integration of asset securitization, new legal problems differing from the former two appears as "the qualitative change" derivation. In our country the causes to carry out intellectual property rights securitization are somewhat similar to the Japanese model, which are mainly to broaden the financing channels of small and medium-sized enterprises, to encourage and support small and medium-sized hi-tech enterprise to develop continuously, healthily and rapidly, and to train a industry system with more reasonable structure, although China has more perfect intellectual property rights and the commercial law, financial system, but its content is mainly to adjust the legal relationship between common most of intellectual property and the traditional securities, for intellectual property securitization there are still some discomfort for this new type of financial derivatives legal definition, intellectual property rights can be carried out or not is first depend on perfecting the legal system. In the current situation in our country, the credit rating agencies and establishing the system of restriction is still one of the main factors which restricting securitization. We should pay more attention to domestic credit rating agencies of the standard operation and the establishment of the credit system.