Research On Legal Risk Prevention Mechanism In Intellectual Property Securitization In China

Through the form of asset securitization,the asset pool of intellectual property is established,and then the process of screening and debt issuance is intellectual property securitization.Securitization of intellectual property is conducive to promoting the vigorous development of intellectual property and enhancing the strength of scientific and technological innovation in China.It is also conducive to invigorating intellectual property assets and improving the conversion rate of scientific research and invention,which is conducive to breaking through the development dilemma of financing difficulties of small and medium-sized scientific and technological enterprises,so as to promote the vigorous development of high-tech enterprises and achieve the goal of rejuvenating China through science and technology.Although China has successfully issued the first pure intellectual property securities in September 2019,this does not mean that China can carry out all-round intellectual property securitization.During the operation of intellectual property securitization,there are still some problems,such as the imperfect risk isolation mechanism,the fuzzy ownership of intellectual property right object and the difficulty in determining "real sale".This paper attempts to make up for the deficiencies in the development of intellectual property securitization in China through the successful experience of intellectual property securitization in developed countries in Europe and America and the successful issuance of intellectual property securities products in September 2019 according to the real situation of social development in China.First of all,through the introduction of government regulation and supervision of Intellectual Property Securities to strengthen the credit enhancement of intellectual property securities products and credit guarantee means to improve the success rate of intellectual property securities products.Secondly,through the legal perfection of the bankruptcy isolation risk mechanism between the issuer of Intellectual Property Securities and the special target institution,this paper discusses how to better build the risk isolation before the issuance of intellectual property securities so as to reduce the investment risk of investors.In addition,through the comprehensive and timely information disclosure of intellectual property securities issuance products,we can truly standardize the development of Intellectual Property Securities and enhance the favor of capital market to better realize the large-scale intellectual property securities issuance.