Research On Legal Control Of Patent Trust Risk

Trust, bank, insurance and securities are known as the four pillars in modernfinancial industry. As an important part of intellectual property, patent is considered asstrategic resource for the national development in the era of knowledge economy andkey element for international competition. On the one hand, as a new financing tool inthe field of patent transfer and innovation use, patent trust complies with thedevelopment of social economy, which combines the infinite value potential withleverage strengths of trust, and fully reflect to make best use of everything; on theother hand, many risks inevitably exist due to the emerging of patent trust. Possibilityof vigorous development of patent trust depends on the risk prevention to some extent.Controlling and resolving the risk by improving the legal system is one of the mosteffective ways to reduce the range and loss of risk and even prevent the spread of risk.This paper analyzes internal relation of the patent trust risk and legal control ofpatent trust risk based on the introduction of parent trust, parent trust risk and currentsituation of parent trust legal system. It mainly discusses the main risk of patent trust,including profit risk, credit risk and operational risk. The main reasons of profit riskconsist of the following aspects: the increased costs on litigation and nullity ofpatent infringement, the reduction of unexpected technical progress on the value ofpatent and the defect of patent in liquidity; external factors and internal operationwithout norms lead to credit risk of patent trust; trust companies lack a perfect internalcontrol system and patent trust is insufficient in corresponding human recourses,which causes the inevitable result of the operation risk of patent trust. However, Chinahas possessed the basic system and practical reference of legal risk control of thepatent trust. It means that the discussion on legal risk control of the patent trust hasfeasibility and practical significance. Through the above analysis, specific measuresare purposed to improve the legal control of patent trust risk. In the development stage,the perfection of legal measures of risk control stage mainly involves theestablishment of patent value assessment, the refinement of publicity system on patent trust, and disclosure system of perfecting the relevant information. Inthe operational stage, the perfection of legal measures on risk control mainly containsthe reform of government regulation mode, the internal control mechanismof trust risk and regulation of trust personnel.