Study On Legal Issues Of Securitization Of Intellectual Property Right

Securitization of Intellectual Property Right is a special form of Asset Securitization, with the development of knowledge economy. The birth、development、 maturity of Intellectual property securitization not only meet the Financing needs of the small and medium sized technology companies, but also is a Financial derivatives Innovation. Explore the issue of Intellectual Property-backed Securitization is Significance for the development of finance, law, computer science, biomedicine and other disciplines.This paper is divided into five parts. The first chapter is an overview introduces the definition of Intellectual Property-backed Securitization, the origin and initiate trends, characteristics, and the value.The second chapter describes the basic legal relationship of Intellectual property securitization, including operation of the general rules to be followed, and the process of securitization of Intellectual property securitization.Chapters III and IV is the focus of this article, the third chapter introduces the SPV. This part focuses on the establishment of the SPV subject, legal form, the role of SPV in the prevention of bankruptcy remoteness process.Chapter IV discusses another core aspect of Intellectual property securitization-" true sale ". Focuses on the precondition of " true sale "-Legal Issues of Basic assets. Then discuss the scoping, and trademarks, patents, copyrights, analyze the specific kind of state of each patent, then points out the problems in Intellectual Property-backed Securitization.Based on the text, combined with the status of China’s Intellectual Property-backed Securitization give some proposed legal advice, including set "Asset Securitization Law" and the SPV law, exploring of the SPV model, and improve floating standard guarantee system and true sale, strengthen.risk prevention mechanisms asset pool and intermediaries legal system construction, diversify investment risks.