The Research On Intellectual Property Securitization Under Trust Mode Of Practice

Intellectual property securitization is a new way of financing originated inthe1990s in Europe and America. Due to the special design of securities，it caneffectively solve the financing needs of small company， and promote theindustrialization of scientific and technological achievements. Since2005，along withthe development of the domestic asset securitization，the securitization of intellectualproperty rights have been increasingly concerned parties. But subject to domesticlegal and policy environment，the traditional securitization of intellectual propertyrights in our country can not be effectively carried out，and in trust for the specialpurpose vehicle model was able to circumvent the existing practice of legal obstaclesand achieve real sales and risk-based assets isolation，which has the theoretical andpractical feasibility on. In this paper，the study of the practice of intellectual propertyrights related to the securitization trust model，the first to be incorporated into assetsecuritization elaborate system to clear our intellectual property securitization contextof overall development and direction.While the application of empirical researchmethods，by observing the present stage of intellectual property securitization trustmodel practice products, analyze the problems during operation，on the establishmentof a special purpose trust，the true sale criteria defined in the future transfer of claims，intellectual property securitization and other risks and prevention commencediscussion，pointed out that China should establish a complete system of intellectualproperty securitization policy，formulate a unified and clear asset securitization law，strict rules of intellectual property securitization special legal issues in order topromote China’s intellectual property securities technology development.