Research On The Legal System Of The Patent Assets Securitization In Our Country

In today's increasingly promoting innovation of science and technology,economic development cannot leave the innovation input,and as a result of innovation,the patent has been enterprise as a winner,more and more enterprises to choose the patent development path,thus the result is the rapid increase of the number of patents,and patent quality in urgent need of transformation.Patent advantage into production advantage,must have the money.However,nowadays many enterprises,especially small and medium enterprises serious lack of money.Therefore,through the patent assets financing way resolve the enterprise funds shortage is of great significance.And compared with the traditional way of financing,asset securitization as a new means of financing with a small financing risk,the financing amount and other traditional financing means that the large advantages,therefore,from the date of the birth of asset securitization is attention by enterprises.Patent securitization of asset securitization as a unique form abroad have had a lot of practice,and in our country,patent securitization is still in groping stage.In this paper for the development of patent securitization in our country and the practical problems facing patent legal system of asset securitization is analyzed,and based on this model the patent securitization development outside of our experience and law,the contribution for the perfection of legal system of patent securitization in our country were discussed.This paper was divided into five parts:The first part of this article is related to patent securitization and into type,paper mainly introduces the concept of asset securitization,the concept of patent securitization and patent the concept of the underlying asset.Asset securitization and patent securitization is general and special relationship,understanding of the patent securitization needs from the perspective of asset securitization,and in the actual operation of patent securitization process is also refer to the basic system in asset securitization.Patent securitization originated from the United States,which is usually the sign of the mature capital market,is the product of asset securitization development to a certain process.The first part in addition to expound the basic concept,but also on the patent of asset securitization and basic processes involved in the body for the corresponding introduction,patent securitization participation main body including patent assets of the originator,special purpose vehicles,etc.In this paper,the second part is to make a simple analysis of the status quo of patent securitization in our country,the second part from the Angle of the two,the first is about the basis for the development of patent securitization in our country,the so-called foundation is the development of patent securitization in our country facing the real social conditions,development can be seen that patent securitization development prospect in our country,the foundation has many aspects,a mature capital market,with the development of the patent itself,there are legal system gradually standardized,and policy support,these are the development of patent securitization in our country,more reflect the actual status of the patent securitization in our country faces.Followed by referring to the current situation of patent legal system of asset securitization in our country,this article is the center of the research for patent legal system of asset securitization in our country,and has been taken for patent securitization in our country at present special law,but through different legal norms,such as the company law,to adjust the "securities law" and so on,and for the analysis of the existing legal system of patent securitization status of special purpose vehicle is mainly involved in the law,patent law,bankruptcy law in the process of asset transfer,etc.In this paper,the third part is the legal system of patent securitization in China by the analysis of existing problems,this part is divided into five points,the first point is about the existing problems in the legal system of special purpose vehicle,which mainly involves the establishment of special purpose vehicle barriers exist,the bankruptcy of SPV holes;The second point is the patent problems existing in the process of underlying asset transfer,which mainly include the lack of "true sale"standard,underlying asset transfer notice,the future of the transfer of creditor's rights has not been confirmed,and prohibited assignment clause has not been broken,"true sale" the core of the patent securitization step,is the premise to realize bankruptcy risk isolation,is also an important measure to protect the safety of investment,the determination of its standard is of great significance;The third point is the patent assets assessment system,the problem existing in the patent assets need to receive value assessment,and existing assessment system evaluation methods are mainly adopted by the market method and cost method and income method,these three methods have different features but not enough to objective judgment on the patent assets value;Fourth is patent securitization in our country the problems in the process of securities issue;The fifth is the existence of patent securitization in the tax system in our country.The fourth branch of this paper is on the outside of the legal system of patent securitization carding and drawing,it is the third part of this article specifically mentioned problems in looking for outside,through the knowledge of extraterritorial law for the perfection of legal system of patent securitization in China put forward the corresponding opinions.This part is divided into five,corresponding to the third part is this article mentioned problems,including special purpose vehicle outside the law,patent law of asset transfer,credit system of law,the securities issued by law,tax law.The fifth part of this article is for the perfection of legal system of patent securitization in China,is also the main content of this article.This part is to our first patent securitization legislative mode selection are proposed,advised to choose a decentralized legislation mode,decentralized legislation pattern difficult smaller conflict with the existing legal system therefore relatively appropriate;After the legislative mode of talking about is for the perfection of special purpose vehicle in China,including the establishment of the special purpose vehicle lower threshold,the requirements of the independence of the special purpose vehicle,and for the special purpose vehicle bankruptcy to make the necessary restrictions,perfect views mainly on the problems existing in corporation law,bankruptcy law;In the patent asset transfer legal system perfect,the first is for the determination of "true sale" of the standard,it is suggested to set clear standards to regulate the asset transfer,the second is to notify the difficult problem in the process of patent assets is put forward in this paper to make some adjustment to the existing notification provisions,the idea of the registration notice,besides the fifth part is in the patent asset transfers,made accommodation under the terms of the transfer ban,does not recommend blindly to restrict;In for the perfection of patent assets value assessment,this paper presents a new method for evaluating the real options method together with the previous evaluation method to form perfect evaluation system;In the legal system of securities issuance is perfect,this article suggested that the issuance of securities law to modify existing conditions,for the patent asset securities into special provisions,form a diversified distribution system;In the tax issues,this article suggested that continue to launch tax incentives for patent securitization,reduce the burden of the enterprise,patent for unnecessary link of tax exemption or refund.