Research On Legal Risk Prevention Of Patent Licence Fee Income Right Secritization

On September 11,2019,the Shenzhen Stock Exchange launched the first patent licensing fee income right securitization product "Xingye Yuanrong-Guangzhou Development Zone Patent Licensing Asset Support Special Plan",although the specific transaction details of the patent licensing fee income right securitization case It is still to be discussed in depth,but the successful implementation of this asset-supported special plan has made the financial sector and intellectual property academic community alive.There are precedents for the successful implementation of patent licensing fee income right securitization abroad,provided that with its high level of intellectual property legal system and a perfect financial securities trading mechanism,the launch of the securitization of the income right of patent license fees has enabled China to gain new practical experience in exploring the use of patent rights.This article starts from analyzing the connotation of the patent license fee income right,and analyzes the transaction structure of the patent license fee income right securitization in detail.Taking the legal risks of the patent license fee income right securitization as the entry point,this paper analyzes the successful patent licensing in the United States and Japan Based on the experience of the securitization of the fee income right,it proposes corresponding countermeasures in order to provide new ideas for preventing the legal risks of the securitization of the patent right fee income right and promoting the integration of patent assets and financial capital.This article focuses on the discussion and research of the legal risks of the securitization of patent license fee income rights.The full text is divided into four chapters.The first chapter focuses on the basic concepts,legal nature and value of the securitization of patent license fee income rights;Chapter II focuses on the legal risks of the securitization of patent license fee income rights in China.It analyzes the legal risks of the patent basic assets themselves and the legal risks that will exist in the securitization support link,trying to clarify what legal risks are the current obstacles to the securitization of China's patent license income right;Chapter III will focus on the practice of the patent license income right securitization in the United States and Japan,through the analysis and interpretation of the cases of the two countries,hoping to use the successful experience of foreign countries to promote China's patent license fee income right securitization and to avoid related legal risks effectively;Chapter IV proposes corresponding measures against the various obstacles and legal risks that China faces in the current process of securitization of patent license income rights,It is recommended to formulate a special "Intellectual Property Securitization Law" to effectively avoid the legal risks of the securitization of patent license fee income rights through structural system construction,and to open up new ideas for the successful implementation of patent license fee income rights securitization.