Research On Risks And Legal Countermeasures Of Patent Asset Securitization In My Country

At this stage,the importance of innovation to the country is self-evident.Chinese economic development mode is constantly changing,the trend of innovation-driven development is becoming more prominent,and the significance of the existence of the intellectual property system in the field of stimulating innovation is becoming more and more significant.In recent years,with the continuous innovation and integration of intellectual property rights and finance,the intellectual property pledge financing method has continued to develop,and patent trust and intellectual property securitization methods have also emerged and continue to develop.However,as intellectual property rights of intangible assets,under the current legal framework of tangible asset financing,it is difficult to obtain considerable recognition in the financing market,which requires continuous innovation of intellectual property financing models.Whether it is traditional property rights financing,securitization financing,or recent emerging crowdfunding,securitization and other financing models,all use intellectual property as the basic asset.With the help of the current basic system of intellectual property transfer,pledge,right defect guarantee,etc.,Combined with the financing transaction structure resulting from asset securitization,mortgage and other financing models.The patent right,which is a magic weapon for enterprises to enhance their competitiveness,cannot provide enterprises with their greatest value because of their unstable rights,difficulty in determining value,poor liquidity,and difficulty in commercialization.Faced with these risks,it will be amplified in the patent asset securitization financing model,and even lead to a lack of operability in the financing transaction structure.Next,how to construct a reasonable and innovative trading structure and how to control the risks in the patent asset securitization financing transaction model,so as to more beneficially promote the development of patent asset securitization is worth studying The body of this article is divided into four parts,starting from "Overview ofPatent Asset Securitization","Legal Risks and Legal Status of Patent Asset Securitization in China","Analysis of the Legal System of Foreign Patent Asset Securitization",and "Chinese Patent Asset Securitization Legal Risk The countermeasures of prevention are discussed in several aspects".The first part starts with the basic connotation and operation principle of asset securitization,and further understands the concept and characteristics of patent asset securitization.The operation process of patent asset securitization mainly includes the construction of patent basic asset pool,establishment of SPV,real sales,patent asset credit enhancement,credit rating,and issuance and sales of patent asset-backed securities and subsequent management.The second part discusses the legal risks and legal status of Chinese patent asset securitization.The analysis focuses on the legal risks of securitization from three perspectives.The first is the risk of the patent itself,that is,the legal risk caused by the ownership of the patent right,the legal risk caused by the patent right litigation,and the legal risk in the evaluation process of the patent assets.Impaired value of patent assets.The second is the risks in the transaction structure,that is,the legal risks in the "real sale" process,the legal risks that may be involved in the bankruptcy isolation of SPV,the risks in the credit rating and the upgrading system.Risk.Only the close collaboration between each participating institution can guarantee the success of securitization transactions.Regarding the legal status of patent asset securitization in China,although there are already a number of departmental regulations and the institutional framework for the implementation of credit asset securitization has been basically established,China does not have a law and regulation specifically for patent securitization.This article summarizes relevant legislation and regulations through tablesThe third part is the analysis of the legal system of foreign patent asset securitization.The case analysis method is used to briefly introduce the Zerit case of Yale University in the United States and the Scalar case of Japan,and then analyze the U.S.patent asset securitization model and the Japanese patent asset securitization model,fully drawing on the successful experience of the United States and Japan,and from the government strategy The level attaches great importance to the patent asset securitization financing model,effectively prevents legal risks in the process of securitization,and promotes the continuous development of domestic patent asset securitization.The fourth part is the countermeasures and suggestions on the legal risk prevention of Chinese patent asset securitization.First of all,it is suggested to improve the legislative model of patent asset securitization,adopt the model of"government pilot,legislation first","combination of decentralized legislation and specialized legislation" to design a complete legal framework.Secondly,aiming at the risks analyzed in Chapter Two,the quality of patents is enhanced by stimulating the demand for high-quality patents.In terms of improving patent due diligence procedures and confirming the transferability of future claims,it proposes to prevent and resolve the legal risks existing in patents,improve the selection and transfer of patent basic assets,and hope to consolidate the future cash flow of basic assets.Finally,according to the possible risks in the transaction structure,suggestions are made to evade the bankruptcy risk of the special purpose institution and the use of trust to build a risk isolation mechanism.In establishing a unified patent value evaluation system,it proposes to optimize the patent value evaluation model and improve the credit rating.And an upgraded system to effectively prevent legal risks in the process of patent asset securitization,improve the transaction structure of patent asset securitization,and promote the continuous development of Chinese patent securitization process.At the end of the article,it is pointed out that it is necessary to establish and perfect a patent asset securitization supervision system,do a good job of supervision of patent securitization service agencies,and do a good job of supervision of patent securitization compliance and risk.At the same time,in terms of the market,it is necessary to better develop the intellectual property trading market and promote the circulation of patent asset-backed securities.