Research On Construction Of Legal System Of Intellectual Property Securitization In China

Today is the era of knowledge economy, how to make good use of intellectual propertyassets is increasingly becoming an important agenda. Intellectual property securitization is animportant means of development and utilization of intellectual property assets. It is acombination of the intellectual property system innovation and financial engineeringinnovation, intellectual property is an important development trend of financing. By carryingout research on securitization of intellectual property rights, can widen the variety of assetsecuritization, improve the conversion rate of intellectual property industries,solve businessfinancing, reduce financing costs, and enhance the capability of independent innovation andbuilding an innovative country.At present, the studies on intellectual property securitization mostly come fromeconomics, financial angle, this paper used the study of law perspective, analyzed the conceptof intellectual property securitization, clarified some misunderstanding theorists currentlyexisted, redefined the concept of intellectual property securitization, enriched its content. Onthis basis, discussed the legal relationship between intellectual property securitization of themain object, subject, and legal issues related with special purpose vehicle (SPV) and “truesale”, etc. Then, using historical and comparative analysis method, this paper studied theforeign practice of intellectual property securitization, summarized their inspiration on China;Finally, from three aspects, i.e. policy, legal, practice, discussed the feasibility ofimplementation of intellectual property securitization in China, pointed out some legaldifficulties and obstacles China will face when implementing intellectual propertysecuritization, then made a series of recommendations to implement intellectual propertysecuritization in China.