| As an extension of asset securitization in the field of knowledge,patent securitization has shown great development potential,which is not only conducive to patent industrialization but also can effectively provide enterprises with low-cost financing.However,it is undeniable that there are few patent securitizations in China or abroad at the present stage,and it is not difficult to find that the factors such as difficulty in patent valuation,lack of high-value patent pool,high risk and law lag have become mountains in front of patent securitization.Through the study of domestic and foreign cases,this paper analyzes the possible legal analysis in the process of patent securitization,and puts forward the countermeasures suitable for China based on foreign experience.Firstly,this paper analyzes the whole process of patent securitization and points out the similarities and differences between patent securitization and asset securitization.It is not difficult to find that the concentration of risk of patent securitization lies in the choice of patent products.Secondly,this paper sorted out the risks related to the patent itself one by one according to the sequence of the development of patent securitization,including the possible monopoly risk,patent defect risk,patent ownership risk,patent infringement risk and related litigation risk in the construction of patent pool.Finally,the author combined with domestic and foreign relevant experience,in turn,the risk of the proposed strategy,including the United States to monopoly risk ULR contract financing model and common in asset securitization "secondary authorization" pattern on the two pattern for reference,and offered reference for intellectual property securitization patents backup system to cope with defects of risk,risk of infringement in response to suggest introducing ULR contract exemption clause in the United States and Japan patents of insurance system,with the final arbitration as an example to introduce to deal with the risk of involving lawsuit.In the summary and prospect part of this paper,while fully affirming the important role of institutional construction in risk prevention,we should also recognize their shortcomings,and put forward our own views on the legal construction to make up for institutional defects. |
