Legal Research On Intellectual Property Securitization

In recent years,with the rapid development of intellectual property,Intellectual property has been far more than the value of intellectual property itself.Although Intellectual property owners can benefit by way of transferring and incensing others to use it etc.While,with the emergence and development of asset securitization,which is a new kind of financing,the value of intellectual property can also be reflected by other mode such as funding with intellectual property,intellectual property guarantee,intellectual property trust,intellectual property securitization and so on.Namely,all above can be called the capitalization of intellectual property.Actually,they can enable the value of intellectual property to be more fully utilized,especially the intellectual property securitization,which has become an important way of cultural industries.It can be derive a conclusion that intellectual property securitization,with great potential for further development,will contributed a lot to the economics of lots of countries,though the intellectual property market is not fully formed.In the study of intellectual property securitization,the securitization of intellectual property research needs of the legal,economic and other related disciplines and academic in-depth understanding of subject knowledge which relevant to the needs of more collaboration,and with different intellectual property rights of property itself,the theory and practice are very complex,which led to the current research on the securitization of intellectual property is still in a weak phase,the relevant system also cannot come.This article choose the subject of the development of intellectual property securitization in China,for the purpose to put forward this problem to be solved in the eyes of the law,and try to fill this area to make contributions to the theory.In the article structure,the first chapter describes the basis legal issues,including the meaning of the securitization of intellectual property,which is an important part and focus on analyzing the law essence and the risk-remote mechanism,and the legal relationship.The article points that the intellectual property is not the object but the right of intellectual property.In the second chapter,through the analysis on the development of intellectual property of the securitization of environment in China,the article pointsout some obstacles in the terms of assignment,future claim,the establishment of SPV,and the value evaluation.etc.The third chapter describes the practice of foreign intellectual property securitization,and proposes the model significance.The last part of Chapter IV paper,the article puts forward some legal advice in institutional design.In the development mode,we should promote the experimental and the legislation work at the same time.In the system aspect,complete the regulations on the public notification of assignment and the intellectual property.Make clear the assignment of the future claim;establish SPV in the form of trust or corporation.Perfect the intellectual property evaluation mechanism and draft legislation of asset securitization when the time is right.