Research On Capitalization Of Intellectual Property Risk Prevention Legal System

With the trend of economic globalization has been strengthened, the advantages andcharacteristics of knowledge economy are increasingly prominent. Intellectual property rightshave become an important capital and factor of production, and are the core competitivenessof the enterprise and the country. The capitalization of intellectual property is the inevitableproduct of the economic globalization and knowledge economy, and it is the inevitable trendof the development of intellectual property system. The capitalization of intellectual propertytakes intellectual property rights as investment means. And it can transform intellectualproperty rights into capital. Capitalization of intellectual property has important significancefrom both micro and macro aspects. But the intellectual property rights are very complex asthe investment means because of the special attributes of intellectual property rights. There ismore legal risks than tangible capital. However, the legal system of capitalization ofintellectual property in China is very insufficient, and the relevant legislation is not perfect.Therefore, it brought many obstacles and legal risks to the implementation of thecapitalization of intellectual property, and go against the safety operation of intellectualproperty capital.This article combining with the objective practice of the capitalization of intellectualproperty, defines the concept of it, and analyzes the qualification problem and its significance;Analyzes the legal risks of the subject and the object of capitalization of intellectual property;Further explores the legal risks in the implementation and capital operation stage of thecapitalization of intellectual property; Analyzes the special legal risks of it combining withobjective practice; Proposes the ideas that perfect and establish the legal system to preventrisks, on the basis of the analyzes of other countries’ and China’s Taiwan region’s relevantlegal systems. The purpose of this article is to provide the system guarantee and legal backingfor the capitalization of intellectual property. We want to reduce the legal risks of it andguarantee its success, achieving the implementation and conversion of the intellectualproperty rights. And to protect the function of intellectual property rights into full play,promoting the virtuous circle of knowledge and capital.