Research On Several Legal Issues Of Intellectual Roerty Rights Securitization Abstract

The development of human society has experienced the process from agriculturalsociety, industrial society to knowledge economy era, the American intellectualproperty trade accounts for70%of GDP above, and those developed countries payincreasing attention to the development of intellectual property rights. The world hasgone into the information age, and intellectual property plays an important role ginour social and economic life.The asset securitization is a mode of financing, it is firstly been used since the1970s in the United States，and then it is been widely used in Europe and Asiancountries. With the increasing importance of intellectual property rights in socialdevelopment and commercial life and the great use of asset securitization, two strandsof the above business factors reach an innovative fusion----intellectual propertysecuritization. Intellectual property rights is playing a great role in small andmedium-sized hi-tech enterprise for financing to solve the funds problem, encouragethe development of intellectual property rights in society and the capitalization; Forcapital market, it also infuse intellectual property as fresh blood. Although theintellectual property securitization’s history is very short, the operation will facingsome problems, the trading volume increased nearly100times since its birth.At present, intellectual property securitization is lack of monographs, theoryfoundation, lack of systematic and in-depth study. Intellectual property rights securitization is a kind of asset securitization, so the basic principle of assetsecuritization and core method applies equally to the securitization of intellectualproperty rights. In view of the limited time and the author’s level, the article mainlyfocus on the most important problems in intellectual property rights, hoping thatthrough the objective and concrete elaboration of the problems in intellectual propertysecuritization, readers can understand the barrier and advantage of intellectualproperty securitization as well as the solving method.the structure of this paper is as follows, first chapter states the legal principle，basic connotation of intellectual property securitization and bring in the legalproblems of the subsequent chapters to illustrate, including theconnotation,characteristics, function, main participator, legal relationship, proceduresand important legal problems of intellectual property securitization; The secondchapter mainly expounds the credit enhancement and credit guarantee in intellectualproperty securitization, including its content, method and effect; The third chapterexpounds the problem of real sales in intellectual property securitization, including itsconnotation, operation of the legal standard as well as the right after operatingstandards; The fourth chapter discusses the special purpose institutions (SPV) legalproblems, including the establishment, operation of SPV and entity merger laws;through the reference of content herein in Chapter5,I put forward my own proposalsto the development of intellectual property securitization business in china.