The Research On Legal Mechanism Of Risks Control Of Intellectual Property Securitization

In the practice of our country,the obligee takes the creditor’s right or income right derived from the intellectual property as the basic asset,and there are two cases of issuing securitized products in our country.Under the current legal system,the development of intellectual property securitization is restricted by many factors,among which the risk of intellectual property securitization is an important factor hindering the development of intellectual property securitization.Under the background that our country strongly supports the combination of science and technology and finance,how to prevent and control risks from the legal perspective and explore a safe and standardized path of intellectual property securitization in the pilot stage of intellectual property securitization is not only necessary but also feasible.In recent years,significant progress has been made in the research on the risks of intellectual property securitization in China,but most of the risks of intellectual property securitization are discussed on the whole,which indicates that there are still deficiencies in the research and system construction in the field of legal risks in China,which has become the starting point of this paper.Research on risk control of intellectual property securitization in our country,cannot do without the mature logical train of thought,the basic idea of this article is: clearing our country intellectual property securitization risks;risk control of legal mechanism and present situation and existing problems in China;the investigation of risk control system of intellectual property securitization abroad;and the perfection of intellectual property securitization risk control legal system in China.In addition to the introduction and conclusion,this paper is mainly composed of the following four parts:Part one: intellectual property securitization and its risks.On the one hand,the definition of intellectual property securitization and its characteristics different from traditional asset securitization are introduced.On the other hand,it analyzes the risks of exploring intellectual property securitization.Part two: the legal status quo and existing problems of risk control of intellectual property securitization in China.This part starts from the current legal system of intellectual property securitization in China and puts forward the contradiction between the development trend of intellectual property securitization in China and the poor legal system.Secondly,it discusses the deficiency of the risk control system of intellectual property securitization in China,and it is necessary to further improve the risk control mechanism.Part three: the investigation of risk control system of intellectual property securitization abroad.By investigating the risk control practice and legal system arrangement of intellectual property securitization in the United States,the European Union and Japan,we learn valuable experience from them,analyze and summarize them,and ponder over the system design of risk control of intellectual property securitization in China.Part four: perfecting the risk control mechanism of intellectual property securitization in China.In view of the characteristics of intellectual property securitization and the problems existing in risk control,the countermeasures of risk control of intellectual property securitization are put forward.