Research On Several Legal Issues Of Intellectual Property Rights Securitization In China

Assets securitization developed rapidly since in the1970of the20th century, and had been widespread around the world. Securitization of intellectual property emerges with the advent of the era of knowledge economy and the development of asset securitization. As a technique of financial innovations, securitization of intellectual property helps to extract the intrinsic value of the intellectual property and injects fresh blood into the capital markets. Securitization of intellectual property has played a significant role in the development of its cultural industries and high technology industries in developed countries; China was gradually moving towards to the age of the intellectual economy since its opening up, the intellectual property were concerned by more and more people and had became core competence in enterprise and power booster for the development of economy. However, the development of securitization of intellectual property is still in the early stages in China, a lot of problems need to be solved both in theory and in practice. So we should develop intellectual property securitization in China on the basis of referring the beneficial experiences of this system overseas, then we can increase investment channels and promoting financial market development.At present, intellectual property securitization is lack of monographs, theory foundation, lack of systematic and in-depth study. Intellectual property rights securitization is a kind of asset securitization, so the basic principle of assets securitization and core method applies equally to the securitization of intellectual property rights. The article mainly focus on the most important problems of the intellectual property securitization. This article is composed by four chapters:The first chapter is an introduction of the securitization of intellectual Property, including the concept, classifications, features and the basic flow of the securitization of intellectual Property. The second chapter analyses the development of securitization of intellectual property from foreign country including America, Japan and Europe. The third chapter mainly focus on the most important problems of the intellectual property securitization, including the introduction of the scope, conditions and risk of Underlying assets, the form of special purpose vehicle and the legal relationship with relevant parties, the problem of the credit rating. In the forth chapter, firstly, the article shows the readers the reality of developing the securitization of intellectual property in our country. Secondly, the article analyses the difficulty of developing the securitization of intellectual property in our country on the basis of the reality of the situation. Lastly, the article gives some suggestions of developing the securitization of intellectual property in our country according to the problems above. Securitization of intellectual property is a complex process, involving many fields such as law, finance and the credit enhancement. Although many aspects limit the growth of the securitization of intellectual property in our country, with the development of the economy,the securitization of intellectual Property will advance continuously in our theoretical study and come into practice from theory. It has great theoretical and realistic significance in guarding against and defusing financial risks and resolving the existing problems in the processing of intellectual property securitization.