Intellectual Property Securitization — A Study on Assets Transferring

• Main Authors: Chiung-Yi Tseng, 曾瓊儀
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/59773677459934677180

碩士 === 中原大學 === 財經法律研究所 === 96 === Abstract Patent, copyright, Trademark, trade secret and other intellectual property right had become the key to competition among man or corporation. However, Intellectual property right had suffered many blocks in raising fund in finance market for its character of invisible and difficulty in value determination. Therefore, how to create a new method for raising fund in finance market had become an urgent issue for government and property owner of the intellectual property. To solve the problems above mentioned, Taiwan may refer to “intellectual property securitization”, which developed and rapidly expanded in recent years in other countries. According to the researches abroad, “intellectual property securitization” in raising fund in finance market may bring many benefits, and at the same time, there are also many risks and deficiencies. This essay will discuss the theory and experience of intellectual property securitization in other countries, analyze and generalize the factor and cause of its success or failure, discuss the issue of legal system of Taiwan, and what problems we might encounter in the future when our country try to apply this intellectual property securitization into practice, such as adequate asset, transfer of credit right and alteration of asset of intellectual property. At the same time, this essay tries to address the solutions of the problems abovementioned, as the reference to the constitution of legal system and other applications in practice for Taiwan in the coming future. This essay has five chapters, Chapter 1 conveys the motive, purpose, method, scope and restrictions Chapter 2 introduces and analyses the methods Taiwan might apply for raise fund toward intellectual property, and discuss the possibility to apply the legal system of intellectual property securitization in raising fund in finance market in Taiwan. Chapter 3 will fist provide a general and basic description on the subject of asset securitization. Then will discuss other related subjects, such as denotation, theory, framework, risks might encounter when operate, how to control the risks, and at last, illustrate and analyze with cases of U.S.A. Chapter 4 will discuss the legal problems Taiwan might encounter when Taiwan operate intellectual property securitization, including analyses on asset securitization, discuss the legal system of Taiwan when operate intellectual property securitization, then will discuss the related legal issues of asset transfer, including the institution of asset transfer, the public-exhibit doctrine in the legal system of Taiwan, and at last, discuss Taiwan’s legal system by reference with the “actual bargain doctrine” in the legal system of U.S.A.. Chapter 5, Conclusion, summarize of the 4 chapters above. This essay may provide some benefits and ideas to the intellectual property securitization in Taiwan in the future.