Study On The Legislation Of The Enterprise Patent Securitization Isolation Of Risk System

The paper is divided into five parts and mainly analyzes the risk isolationsystem of patent securitization (RISPS). It explores the legal issues on the riskisolation system of patent asset securitization (RISPAS) and advises about theconstruction of China’s RISPAS.The first part is to introduce the paper’s background, significance, researchroute and innovation point.The second part is to summarize the basic theory of enterprise RIS andillustrates its definition and main legal models, which are enterprise model, trustmodel and partnership model.The third part is to comment Chinese enterprise’s legal environment of RISPAS. Itsums up the current legislation of RISPAS and dissects its advantages anddisadvantages.The fourth part is the perfection of legal system on RISPAS. On the foundationof research into refactoring principle and exposition of the advanced experience fromEngland orAmerica, it puts forward the path of the legislation.The fifth part is conclusion. It is the summary of the paper and summarizes theview, which is to put forward higher requirements to legal system on RISPASaccording to the bigger risk which is decided by the nature of patent assets, andpoints out the solutions of legal situation and the defects of setting up and runninglaws, and make the proper institution of law after considering the national conditionsand details of operating level in order to speed up the development of patentsecuritization.