学会誌・資料 Journal

日本知財学会誌 第11巻第2号掲載

Legislation Study on Patent Securitization

Mei-Hsin Wang
日本知財学会誌 Vol.11 No.2 p.66-83(2014-12-20)
Journal of Intellectual Property Association of Japan Vol.11 No.2 p.66-83(2014-12-20)

<要旨>
In this article, important cases on intellectual property securitization abroad are examined to provide the factors which make it successful. Furthermore, parties involved in the securitization supply chain are introduced respectively together with legislated asset securitizations on real estate and financial assets. In addition, issues and suggestions for future legislation are reviewed in order to decide whether the applications of the current forms of asset securitization or a new special law shall be legislated to deal with the private fundraising and the commercial issues that arise after patent securitization legislation is introduced. Finally, suggestions on patent securitization legislation are proposed and the specific properties belonging to intellectual property in order to be useable as security for fundraising are explained. The foreign examples of fundraising and lending institutions are presented as demonstrative as to how the mechanism and framework for implementation of biomedical patent securitization would operate. With the analysis of alternatives on legislation considerations, it is hoped this article will contribute to future legislation on intellectual property securitization.

<Keywords>
intellectual property, securitization, fund raising, asset transfer