A Study of Legal Issues in Intellectual Property Rights Securitization in Mainland China
Date Issued
2011
Date
2011
Author(s)
Lai, Jia-Lun
Abstract
In the fast changing era of knowledge-driven economy, intellectual property securitization has become more and more important. However, due to its unique characters, it increases complexities and difficulties for enterprises and individuals to make securitizations of intellectual property.
Intellectual property Securitization as a novel and effective means of financial support is actually a financing through specific transactions based on intellectual property rights. It broadens the space which the value of knowledge in transformation. Optimize the way in practice of intellectual property strategy, upgrading the fusion efficiency of knowledge capital and financial capital, play enormous role in the progress of society and technology.
Presently, overseas scholars have been carried out ground-breaking exploration in this field, and their researches mainly concentrated in the following areas: Qualitative research in the securitization of intellectual property; studies about the analysis of financing methods of intellectual property asset. On the other hand, the Mainland China scholars analyzed the concept, and the reasonableness of foreign cases of intellectual property securitization. However, it didn’t pay lot attentions to relative legal issues of intellectual property securitization. Hence, it will be feasible and practical ways for the Mainland China government policy-makers and relative enterprises to take other foreign successful experiences of the intellectual property securitization.
This thesis included four parts. Firstly, the conception, features, as well as the nature of intellectual property securitization will be identified in this paper. Then, according to above section, here, we will try to make a prediction of possible development of intellectual property securitization. Secondly, through studying relative cases of intellectual property securitization, and analyzing the laws of intellectual property securitization, we will subsequently focus on the discussion of risk prevention mechanisms. Thirdly, based on collection and induction of relative cases studies of other developed countries, this part will continuously bring up possible ways about the development of intellectual property securitization of the Mainland China, and then predict the possible problems as well as available suggestions of solutions in the following content. Finally, according to above discussions, this section will analyze the necessity and feasibility of development of securitization of intellectual property rights in the Mainland China. Then, the preliminary design of relative institutions and the process of intellectual property securitization in Mainland China will be aroused here. And we will make a conclusion in the end: it will be better to establish a mode mainly conducted by the government in intellectual property securitization.
At present, there are few study of intellectual property securitization in theory fields, and no systemic study. It has played a huge role in promoting the development of cultural Industry and high-tech industry. Here it would be more practical through the through study of intellectual property securitization, activates intellectual property industry and financial industry of Mainland China.
Subjects
Intellectual property
Securitization
Special purpose vehicle
risk control
Type
thesis
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