Research On Several Issues Of Intellectual Property Securitization

In the contemporary world,the knowledge economy is leading the development of the global economy,and there is no denying that intellectual property plays a vital role in the current society.In recent years,the authorities of China make the intellectual property strategy as one of important national development plans so that how to explore the intrinsic value of intellectual property and how to take full advantage of intellectual property rights have become primary targets that the public and the academic community try to research and discuss.Since asset securitization was developed in the United States in the 1970 s,the scale and field of asset securitization have been expanding rapidly,which has been gradually gaining widespread attention in the world.With the prosperous development of capital market,intellectual property securitization emerges like a new energetic social member at the right moment.The value of intellectual property securitization has increasingly received the attention of society and academia since “Bowie bonds” issued in the capital market as a landmark in 1997,even if its practice has only experienced a relatively short period of twenty years.The development of intellectual property securitization holds the key to solving the financing problems of small and mediumsized technology enterprises,reducing the risk of intellectual property owners,enhancing the conversion rate of intellectual property rights,prospering the capital market,encouraging the transformation of China's economic structure,and promoting the scientific and technological development of China in order to establish a powerful innovation-oriented nation.This paper will focus on the intellectual property securitization from the perspective of the law and the economy and will elaborate the core in four steps in a logical order with basic concepts,analysis of current problems,discussion of international development status and revelation,and legal advice for improving the system and the regulation.First of all,this paper will expatiate the characteristics and the meaning of intellectual property securitization,the subject and the object in the securitization process and legal relationship analysis;in the meanwhile,it will also sort out the procedure of intellectual property securitization.In the second place,it will analyze the relevant policies and present developing status of China's intellectual property securitization and then elaborate on feasibility and necessity of developing intellectual property and put forward the main legal problems in the process of progressing intellectual property securitization in China.Thirdly,this paper will compare the development situation and the legal environment of the United States Where is the origin of utilizing intellectual property securitization and those of Japan where has the similar growth trend of intellectual property securitization as in China;thus it can propose that in the developing process of intellectual property securitization,a sound legal system is a guarantee;the policy guidance from the government is the instruction;the prosperous capital market is the support;the protection of intellectual property rights is the foundation.Last but not least,in the light of the above content,this paper will put forward some legislative and practical recommendations about the development of intellectual property securitization in China from three aspects: perfecting legal system,increasing the support and improving the relevant market cultivation mechanism respectively.