Study On Legal System Of Intellectual Property Trust

In the era of knowledge economy, the value of Intellectual Property has beenrecognized more profoundly. The consciousness of protecting Intellectual Propertyand using Intellectual Property for economic development is adequate. Thanks to thedevelopment of legislation, government regulation and corporate profit-drivencompetition in the market economy, the cause of domestic Intellectual Property hasbeen made a great development. However, the bottleneck which restricts thedevelopment of domestic Intellectual Property still exists. It lacks the smoothinstitutional connection from research to application.Deriving from the anglo-american law system, Trust has helped some IntellectualProperty powers to solve the trouble of "research to production". In2001, Chinapromulgated the Trust Law. In short ten years, the legislation of the Trust Law hasbeen unceasingly perfected and the Trust industry has been constantly expanded. Sofar, the Trust business has become one of four mainstays of finance.This paper starts from the plight of industrialization of domestic IntellectualProperty, then learns from the experience of development of foreign IntellectualProperty Trust, studies the legal system of domestic Intellectual Property Trust andmakes some suggestions, hoping to put forward some ideas on developing domesticIntellectual Property Trust industry and advancing the industrialization of IntellectualProperty. The full paper is divided into four parts:The first part is mainly about the analysis for status quo of the industrializationof domestic Intellectual Property industry. It reveals the main reasons of the current plight of Intellectual Property industry focusing on the lack of financial support andprofessional market system. On this basis, solutions are given.The second part gives the meaning of Intellectual Property Trust. Four modes ofIntellectual Property Trust, namely Trust Loans, Equity Investment Trust FinancingModel, Patent Fund Trust Financing Model, Copyright Collective Management Model,respectively, are introduced and relevant analysis is given as well.The third part is the introduction of the development of Intellectual PropertyTrust in the United States and Japan. On this basis, five revelations are summed up forthe development of domestic Intellectual Property Trust: improving legislation,innovating structure, reducing tax, looking for projects and gradual promotion.The fourth part is about the improvement of the legal system of IntellectualProperty Trust. Property and subject of Trust are discussed in depth, whileimprovement ideas for registration system and tax system are also presented. On theTrust Property, the problems of contents, characteristics and attribution are discussed.On the subject of Trust, conditions, rights and obligations are three aspects to bediscussed.