Perfect The Legal System Of Patent Assets Securitization In Our Country

In the background of the knowledge economy, the status of the intangible asset, which takes the patent asset as the core, is rising in the enterprise structure. As a financial innovation tool of knowledge capital and financial capital, the patent asset securitization can effectively solve the financing problems of high-tech enterprises, promoting the industrialization of patent technologies, and optimize the resource allocation function of capital market. This paper focuses on the legal system of the patent asset securitization, and the logic is ―understanding problems-- raising questions-- solving problems‖. First, in this article the legal principle theory of patent asset securitization is discussed, and the operation principle and processing are analyzed in the narrow way to a broad way according to the trading mode of patent asset securitization. Combined with the reality of our country, the necessity and feasibility of the patent asset securitization in china are analyzed in this paper. Then the existing problems in current legal system of our country on the basis of theoretical analysis are found: the limitation of patent assets evaluation method; the infeasibility of carrying out patent asset securitization in trust company; the unclearness of nature special purpose vehicle; the uncertainty of judgement standards of the real sales; the illegality of future creditor’s rights transfer. The legislative system of the founder and the legislative thinking of the successor are referenced in this paper, so as the localizes patent assets financing. At the end of the article it suggests to choose the decentralized legislative models from the breakthrough point of saving the cost of legislation and solving the problem quickly. Our country should perfect the patent asset securitization legal system from the foundation of the original legal system, including the legal system of securities, the company and the patent asset transfer, and realize the value of intellectual property, and seek new economic competition path.