Countermeasures Against Legal Risks In Patent Securitization

As a new type of financial instrument in the innovation and development of the asset and securitization,patented technology for asset securitization's prosperous development in the knowledge-based economy era and the benefits of its commercialized operations have enabled people to fully appreciate bright prospects of the combination of securitization financing and patented technology.The securitization of patent assets refers to the financial method of issuing securities in capital market to obtain financing with patent and its related claims as objects,and it is the effective combination of intellectual property and financial innovation.Although,at present,patent asset securitization in China is in its infancy and its share of the financial market is still relatively small,the securitization of patent assets will become a dazzling star in the securitization market in the foreseeable future.Patent asset securitization,as a kind of urgently needed financial technology under the new normal of our country's economy,can not only accelerate the structural transformation of enterprises,but also effectively promote the development of China's high-tech enterprises,and it is a catalyst for development of innovation in China.However,the real patent asset securitization has not been practiced in our country so far.First of all,as a foreign matter,the relevant legal system of securitization of patent assets is still in a blank in China,which will hinder its development.Secondly,due to the unstable and intangible nature of patents,the securitization of patent assets becomes more professional and more complex than that of traditional assets securitization.Thus there are many risks and difficulties in the operation of patent asset securitization.Finally,in view of the immature development of traditional assets patent,there is not sufficient experience for patent asset securitization to learn from it.Therefore,based on the practical experience of international asset securitization,this paper analyzes the possible legal risks and preventive measures in the operation,in order to provide some advices in legal system.This paper is divided into three parts for analysis and elaboration.The first part briefly outlines the basic overview,legal definition,and basic classification of securitized patent assets.The second part of this paper conducts a comprehensive and systematic analysis on the legal risks of the patent-the object in securitization of patent assets and its claims in securitization operation,which are classified into the risks based on the patent and risks based on the patent-related claims.It mainly uses comparative methods,case analysis methods,system analysis methods and other analysis methods.Focusing on the combination of theory and practice,it examines the possible legal risks of basic assets in securitization of patent assents from an international perspective.The third part proposes the targeted countermeasures against the above risks in combination with the characteristics,legal risks and practice case of basic patent asset securitization and its claims?...