Intellectual Property Securitization–A Regulatory Review

• Main Authors: Kai-ching Chan, 詹凱晶
• Other Authors: Ming-li Wang
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/jfc6p6

碩士 === 國立中央大學 === 產業經濟研究所 === 97 === Intellectual Property is one of the most important assets of enterprises and individuals in modern times. It holds high value as an asset, but is hardly represented at all in current accounting practices and formulations. Low extent of IP utilization and unrevealing appraisal institution made IP deals difficult to actualize in the past, which undoubtedly impeded attempts to maximize value by incorporating IP ownership and bringing the values of IP into full play. To a certain extent, such obstacles may delay or even prevent the birth of intellectual property, and thus it is a fundamental problem that truly needs to be solved. In consideration of the above, this study further explored the idea of applying the securitization concept to the scope of intellectual property, and endeavored to find out the efficacy that can be reached in such a hypothetical overall arrangement. We analyzed the benefits, risk allocations and costs of IP securitization for both individual transactions and the society as a whole. From the process, we could infer a conclusion through examining how the arrangement performs in the cost-benefit analysis and from balancing the contentions of the factors. Furthermore, consolidation of observations and lessons learnt from American experiences and the subprime mortgage crisis was also a prominent part of the study, from which we deciphered some valuable points to enlighten our IP securitization development. Lastly, this study made the proposal to enact a specific law governing such new and specialized transactions, and some suggestions on amending legislation and adjusting regulatory directions on the basis of existing laws and regulations were presented as well.