Study On The Legal Issues Of The Patent Asset Securitization From The International Finance Perspective

Use asset securitization in a proper way can not only enhance the liquidity of financial assets, to get more financing opportunities, but also attract more investors,leading the social capital need for the scattered areas.Nowadays, researches in the field of economic development are going to promote the economic development area. While China beginning the implementation of intellectual property strategy from the national level,the challenge and warning of the U.S. financial crisis are still exist.The United States and other developed countries have got benefit from the asset securitization, which is the world’s fastest growing financial innovation since the70years20th century, they change the illiquid but can generate stable cash flows’assets into securities in the financial market through structural arrangements,credit enhancement and other means.Although our patent market has experienced years of development, gradually formed a patented technology market system, lacking of patent trading platform,trading patterns single,and less supporting service mechanism, largely limiting the applition of the patent transactions and patent asset securitization.When we are just emphasis on research and developent of new technology companies rely on their own,large companies in developed countries have taken an open business model,emphasizing get patent from outside the enterprise.When we are still pity the DVD industry and enterprise,the U.S. patent ventures has taken a new patent strategy. When we still encourage and subsidize the patent applications, problems like patent thicket and patent trolls have appeared.Society runs beyond people’s imagination.From a closed innovation model to a open innovation model,business model shift from closed to open,patent management mode from decentralized management needs to get into centralized management. Study of patents should not just stay in the normative analysis of the system itself,but on how to effectively improve the ability to use a variety of systems.Technological innovation and institutional innovation reinforce each other, promote each other.Research of patents should be done from international financial perspective,focus on innovation patent system,concerned with improving the use of institution capacity to protect and promote technical innovation.In this thesis, I start from the three principles of asset securitization:reorganization of assets, risk isolation and credit enhancement, analysis the asset securitization patent laws and legal systems,from theory to practice, study the representative cases from developed countries. Such as the American IPXI company use the non-exclusive license to prepare a patent quantified trading to be the subject of equity financing.I concerned about the latest progress in the practice,introducing breakthough ideas which we can leam.Finally,go back to the legal framework of our country,try to analyze and solve the existing problems, raise the detail idea to accomplishing China’s patent assets securitized legal construction.