“金融创新”还是“金融陷阱”知识产权证券化的风险控制

引言 ·································································································································3

一、知识产权证券化的发展趋势· ··············································································3

二、知识产权证券化的法律保障制度· ······································································4

（一）法律协调规范，形成交易规则 ···································································5

1、法律冲突方面存在的问题 ·········································································5

1)未来债权的可转让性问题 ········································································5

2)基础资产收益权证的流通问题 ································································5

3)破产后许可使用合同的效力问题 ····························································5

4)政府担保支持信用增级的问题 ································································6

2、填补法律空白 ······························································································6

1)完善知识产权评估体系 ············································································6

2)规范“资产池”的构建 ·················································································6

3)促成未来债权的转让 ················································································6

4)建立有效的外部信用增级机制 ································································7

（二）完善法律监督，控制交易风险 ···································································7

参考文献 ·························································································································9

内 容 摘 要

 知识产权证券化是重要的金融创新，如果有合理的制度设计和完善的法律保障，知识产权证券化对于资本市场的发展和知识领域的自主创新的推动作用都是巨大的。在美国和欧洲，知识产权证券化已有10余年的实践，有了许多成功的经验，正向更广泛的领域发展。而在中国，企业和市场的发展也显现出对这一创新的融资方式的需求，但在推向实践之前须有完善的法律保障才能控制风险，保证资本市场的安全。