The Legal System Establishment Of Intellectual Property Securitization In China

Intellectual property securitization is the important part of asset securitization. It is gradually developed with mature developed capital market and intellectual property that highlights in economy. It not only solves the financing needs of high and new technology enterprise, expands investment channels, broadens the scope of asset securitization, improves the position of intellectual property in capital market, but also promotes the public’s emphasis on intellectual property the other way round. As an emerging capital market, China also produced the strong interest in asset securitization and intellectual property securitization. The domestic researches are still in infancy, and the research literature on this aspect is relatively small. The whole legal system of intellectual property securitization lacks a systematic, comprehensive research.In recent years, with the deepening of financial innovation, the high-speed development of intellectual property securitization has greatly promoted economy. These caused the wide attention in scholars in China. On the basis of foreign patent securitization case study, summed up the experiences and lessons, so that we can get beneficial reference for intellectual property securitization practice, and put forward reasonable suggestions that are suitable for China’s legal system establishment of intellectual property securitization. Although our country has a comparative complete financial market and related legal system of property protection, there are still a lot of shortcomings of financial market and legal system in reality and concrete implementation. The prime issue to promote the implementation of the financial innovation tool is to build up the whole system of intellectual property securitization according to the law. In view of this, this article analyzes the related law and policy of existing intellectual property securitization and puts forward suggestions on related system construction in order to optimize the structure of the legal system and lead intellectual property securitization to run more professional and more specification in capital market under the “law”.This article is divided into five parts to give advice to construction of our country’s Intellectual Property Securitization in multiple dimensions and views such as, the perfection of the legislation and the modification of the laws, through the deeply analysis of the operational mode, the features and the core legal issues of the Intellectual Property Securitization.First of all, the introduction of this article focus on the analysis of its related research back ground, the content of the Intellectual Property Securitization and the researching methods to expound the overall vision of this article. Second it endeavors to make the basic properties and the essence of Intellectual Property Securitization clearly through theoretical analysis of Intellectual Property Securitization’s related theories. On one hand, it analyzes the intellectual property system’s current situation and development of China and the other country. On the other hand, it offers the proposal of of the development and the legislation of China’s Intellectual Property Securitization. At last, it analyzes the related problems of our country’s Intellectual Property Securitization to propound the ideas which contain the advice of China’s Intellectual Property Securitization legislation, the selection of the related legislation mode and the proposal of the legal framework in China, in order to find the solution of the conflict between Intellectual Property Securitization legislation and the other laws during implement.