On Warranty Against Defect Of Originator In Patent Asset Securitization

For traditional financing methods,Patent Asset Securitization is a new financingchannels.Promoters of Patent Asset Securitization, transferred the patent assets to theSPV (special purpose vehicle).This process constitutes "true sale".The promoter shouldundertake warranty against defects. In our country there is no targeted laws andregulations of patent securitization. Analysis to the particularity of the securitizationprocess and patent right, defects warranty obligations of the originator is hard to define,and the scope of the obligation, the legal responsibility in the field of patentsecuritization is not clearly defined, its many problems is unique.At present, in China, there are many problems in the legal basis for the originatorundertaking warranty against defect. Firstly, There is vagueness and uncertainty in thelegal basis for the transferor undertaking warranty against defect in the transfer of thereceivables,patent licensing or transfer and transfer of securities.Secondly, About thewarranty against defect of patent asset securitization,Theorists research mainly onwarranty against defect title.Their discourse analysis is not comprehensive and system,not enough in-depth. As securitization refer to many subjects and their complicated legalrelations, the originator’s Scope of warranty against defect is difficult to define.Academia have thought that obligations of warranty against defect is ruled out by thearticle47of the patent law.Author attempts to Writing this article discusses the aboveproblem from the originator undertaking double obligations of warranty againstdefect.And try to make recommendations to promote the development of patentsecuritization,at the same time to perfect the system of warranty against defect of China.This thesis can be divided into four chapters.The first chapter is introduction,making Abrief overview about research present situation and some main problems of theoriginator undertaking obligations of warranty against.The second chapter is relevanttheory analysis of the originator’s obligations of warranty against defect,making brieftheory analysis of warranty against defect and asset securitization,and analyzing assetsecuritization’s process,to be helpful for understanding the particularity and complexityof warranty against defect in securitization.Chapter three is the brief overview about theresearch situation of originator’s obligations of warranty against defect in patent assetsecuritization and the discourses at the main questions mainly involved in this thesis. Atpresent,theorists are on the rare study for obligations of warranty against defect, so the overview of research situation is brief. But the questions involved are various andcomplex. Author focus discuss and analysis this three key questions. Chapter four issystem structure of originator’s obligations of warranty against defect. Try to putforward suggestions and opinions to solve the present problem,this is the meaning ofthis writing.