Research On The Legal Issues Of American IPXI,Inc Patent Right's Slicensed Using (ULR Contract) Securitization Financing

Unit license Right Contract(ULR contract)financing mechanism of financing mode created by the world's first international intellectual property rights exchange Intellectual Property Exchange International,Inc.IPXI combine its welldeveloped financing technique and perfect financing market condition with intellectual property trade,innovate financing instrument and trade pattern.By using ULR contract as a financing instrument come into the market and trade in bourse,realize intellectual property securitization financing.Advanced the financing process to patent license fee,allow more people access to patent,enrich the diversity of the participating subjects of the patent securitization,reduce transaction costs,and in the end,we can make a better integration of the patent value in use and the industry value.IPXI financing mechanism overcomes the traditional patent securitization problems,such as lack of standardization,and the incomplete information on trading.IPXI financing mechanism provides more possibilities for the development of the patent industrialization.And all these can't be achieved without the well-developed marketing environment in America,meticulous and complete law and regulations of advancing also provides a good external environment for the development of patent securitization.Although this new financing trade mode announced the end of operation in April this year,it provides a new perspective of development for patent securitization.Compare the image of the platform to the operation status and characteristics during the two years,the cause of failure are as follow: First of all,the litigation purposes of participants who access to the platform are not conform to the IPXI's alternative dispute resolution.Secondly,less number and single type of participants on the platform due to the high entrance conditions.Last but not least,the legal issues are too complicated at the earlier stage of platform,the determine procedure period of URL contract is too long.Thus it can be seen,the requirements of IPXI platform to patent operating environment are hard to be recognized and accepted by the market in a short time.At present,the number of the patents in China is step onto the ranks of Patent Power,but the low patent industry conversion and enterprise financing difficulties are the problems need to solve.In China,patent securitization legal system has not been found,but Communist Party of China issues a series of documents and already put forward “Promote the revision of relevant laws and regulation”.In the near future,the implementation of the patent securitization becomes possible.Not only the shackles of the system need to breakthrough,but also government should centralized support the focus industry,form high quality patent pool,at the same time,strengthen the third-party service platform.