A Study on Legislation of Biomedical Patent Securitization

• Main Authors: Mei-Hsin Wang, 王美心
• Other Authors: 劉連煜
• Format: Others
• Language: en_US
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/23976085533133581271

碩士 === 東吳大學 === 法律學系 === 100 === There are certain specific matters to cope with fundraising for the technology and the digital content industries in Taiwan. Measures such as certified evaluation of assets value, fundraising guarantees, and completion guarantees concerning the completion of fundraising project are all ones that are commonly used to enhance confidence levels for those institutes that provide funding to do so while using intellectual property used as a pledge for security. While the benefits of such an approach are obvious for investors and for the owners of intellectual property, it can present risks and drawbacks. This research analyzes the existing cases on intellectual property securitization worldwide to determine the factors that made them a success. It then reviews this biomedical field and the issues associated therewith, providing suggestions for future legislation and the implementation of biomedical patent securitization. Start with an introduction of the features and economic functions of different types of securitization. Thereafter, address the following topics, namely the criteria and benefits on processing assets securitization, risk control of asset securitization, the definition for the securitization of intellectual property rights and the types of funding that patent securitization can apply to; the development of patent securitization and a comparison of legislation concerning intellectual property securitization that has been developed in various countries. Using this knowledge, we will then explore how legislation may be fashioned in Taiwan for patent securitization using financial asset securitization as a model. In doing so, we will illustrate the benefits of such legislation using successful overseas cases on biomedical securitization in comparison with cases studies before patent securitization legislated in Taiwan, such as companies like Nature Biokey (天騵), Bioware (生物鎵), Microlife (百略) Sun-Tien (山天). Furthermore, the illustration of the parties, processes and legal design involved in legislation for biomedical securitization were presented. In addition, this research also explains the value evaluation methods for patents and the functions of credit evaluation system. The current fundraising situation for intellectual property rights and the issues on legislation of Taiwan biomedical patent securitization are reviewed. Thereafter, we examine the current obstacles for the legislation of Taiwan biomedical patent securitization to study whether the legislation of patent securitization could apply with similar patterns such as the financial asset securitization. Nevertheless, the adoption of the current financial asset securitization was carried on analysis of the private fundraising issues and trading issues based on the assumption as if patent securitization was already legislated in Taiwan, and how we should design assets separation and bankruptcy remote control mechanism. My personal suggestions on biomedical patent securitization legislation are stated and explained based on the character of intellectual property for fundraising guarantees. Overseas fundraising and guarantees institutes are presented to demonstrate how the mechanism and framework should be for the implementation of biomedical patent securitization. To improve the confidence for people in Taiwan, we discuss the overseas experiences on biomedical patent securitization, evaluation and fundraising for biomedical patents, and the protection mechanism for the parties involved in the process, including protection for investors. I sincerely hope this research will contribute to future legislation on intellectual property securitization, beginning with biomedical patent securitization.