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知识产权证券化利弊分析

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-02-01 00:35
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(Summary description)2018年底,我国在知识产权证券化方面已经取得一些实质性进展。2018年12月21日,上海证券交易所成功发行我国第一支知识产权证券化产品“奇艺世纪知识产权金融资产支持专项计划”,该产品的基础资产债券的交易标的物全部为知识产权,总规模达到4.7亿元,原始权益人为天津聚量商业保险有限公司,核心债务人为北京奇艺世纪科技有限公司,目前的评级机构联合信用评级有限公司给出的评级全部为AAA。此外,“第一创业-

知识产权证券化利弊分析

(Summary description)2018年底,我国在知识产权证券化方面已经取得一些实质性进展。2018年12月21日,上海证券交易所成功发行我国第一支知识产权证券化产品“奇艺世纪知识产权金融资产支持专项计划”,该产品的基础资产债券的交易标的物全部为知识产权,总规模达到4.7亿元,原始权益人为天津聚量商业保险有限公司,核心债务人为北京奇艺世纪科技有限公司,目前的评级机构联合信用评级有限公司给出的评级全部为AAA。此外,“第一创业-

  • Categories:最新消息
  • Author:华讯知识产权
  • Origin:
  • Time of issue:2019-02-01 00:35
  • Views:
Information

2018年底,我国在知识产权证券化方面已经取得一些实质性进展。2018年12月21日,上海证券交易所成功发行我国第一支知识产权证券化产品“奇艺世纪知识产权金融资产支持专项计划”,该产品的基础资产债券的交易标的物全部为知识产权,总规模达到4.7亿元,原始权益人为天津聚量商业保险有限公司,核心债务人为北京奇艺世纪科技有限公司,目前的评级机构联合信用评级有限公司给出的评级全部为AAA。此外,“第一创业-文科租赁一期资产支持专项计划”也在深圳证券交易所成功获批,该产品的底层资产租赁标的物为专利权、著作权等知识产权,总规模为7.33亿元,其中原始权益人为北京市文化科技融资租赁股份有限公司。这些产品的出台,标志着我国的知识产权的运营能力和水平已经达到一个新的高度。

与传统的融资方式不同,知识产权证券化是以知识产权未来预期收益为支撑,通过发行市场流通证券进行融资,其最大特点在于,基础资产将不再是实物资产,而是无形的知识产权。知识产权证券化的租赁标的物一般是发明专利、实用新型专利以及著作权等无形资产,通过将知识产权证券化赋予知识产权与实物资产同等的价值,实现了知识产权在资本市场的价值转化,也为资本“脱虚入实”进入科技创新领域开通了一条高效率低成本的道路。

知识产权证券化无论是对于高新企业,还是对于投资者甚至是对于国内知识产权行业的发展都带来很多正向的作用。

首先,对于高新企业,知识产权证券化的存在,将多了一条融资的途径。目前我国的高新技术知识产权转化率较低,甚至有数据称转化率不足百分之十,出现这种现象的原因之一就是传统的融资方式。传统融资方式主要关注的是融资企业的整体资信能力,而其中信用基础就是企业的全部资产,有时候特指有形资产,却很少会关注某些特定资产的价值。但是对于一些科技型中小企业而言,其拥有大量的知识产权,但是由于缺乏实物资产,其通过传统的融资方式将很难筹集到其发展所需的资金,而这将严重制约这些科技型中小企业将其掌握的高新技术转化成相应的产品。而知识产权证券化,将成为破解中小企业融资难的途径之一,这将有利于提高科技成果的转化率,也能加速我国的科技化进程。而且,知识产权证券化不同于知识产权的转让,其并不丧失对知识产权的所有权,只是放弃未来一段时间内知识产权的收益(如转化收益及许可使用收费权),因此,通过这种途径融资既能获得相应的融资又能保存企业的核心知识产权,从而进一步提高企业的核心竞争力。

其次,对于投资者而言,将多了一个向实体经济投资的标的。因为知识产权文件都是公开透明的,其法律关系也较为明确,投资者可以通过公开渠道获得这些知识产权的信息,通过分析知识产权的质量来对该资产价格进行评估,以及分析该公司的研发水平,再进行相关的投资决策。

最后,知识产权证券化将对国内知识产权行业产生正向的影响。目前,随着我国对知识产权的重视程度不断提升,国内企业也逐渐意识到知识产权的重要性。国内的知识产权尤其是专利,数量上已经在全球遥遥领先,但是普遍存在质量不高的现象。如果未来知识产权证券化常态化,企业将会更加重视知识产权的质量;另外,如果知识产权证券化能让企业获得资金的支持,企业也会更有动力在原有的知识产权的基础上进行进一步的研究和开发,逐渐形成一种良性循环,推动企业的科技进步。

当然,知识产权证券化也不是单向全是优点的,也存在一定的风险。

首先,知识产权是可以重复授权的,其每次授权将会产生新的合同债券,每一次的授权将会影响原来的市场格局,原被授权方将可能面临竞争导致收益下降的情况,进而影响投资人的本息收益。其次,知识产权的权利范围可能存在不稳定的情况,因为关于侵权以及无效案件,其具有高度的专业性,且具有一定的主观性,很难通过调查查明其具体的价值。一旦专利被无效,投资人将存在无法获得预期本息偿付的风险。另外,知识产权的市场价值也难以确定。由于现在科技飞速发展,技术的更新速度非常快,且知识产权的价值将受到消费者、市场条件甚至其替代品的影响,因此,知识产权的市场价值将可能在短期内产生非常大的波动。因此,构建出合适的估值体系对于知识产权证券化的发展也是极其重要的。

针对可能存在的风险,投资人在进行投资决策之前,应找专业人员分析知识产权的价值和知识产权的稳定性,并辅之以相应的授权限定,提高投资的确定性。

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Electronic

Electronic Arts pledges free use for five accessibility patents

Electronic Arts pledges free use for five accessibility patents Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.  Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version. Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.  The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The code of the mentioned technology is published on EA’s GitHub, and it is open to all developers. Thus, the developers can use it or adapt it for their games without spending the costs to research. It is good that EA shares the patents for free use and aims to create an accessibility-increased gaming environment for players. However, it is not “unconditional” to use the listed patents. In the pledge, EA mentioned that it may terminate the promise for a specific party which files a patent infringement lawsuit or other patent proceedings against EA. We can see parts of EV’s ambition behind the announcement—to build a large game developer league and a community of shared interests.     Reference: https://www.ea.com/commitments/positive-play/accessibility-patent-pledge https://iknow.stpi.narl.org.tw/Post/Read.aspx?PostID=14562 https://www.polygon.com/22639469/apex-legends-electronic-arts-patent-pledge-accessibility-developers https://www.theverge.com/2021/8/24/22638535/ea-accessibility-patent-pledge-apex-legends-ping-system https://www.gamesradar.com/ea-secures-a-patent-for-the-apex-legends-ping-system-and-its-giving-it-away-for-free/ https://dotesports.com/apex-legends/news/apex-legends-ping-system-is-now-patent-free-for-accessibility https://www.nintendolife.com/news/2021/08/apex_legends_ping_system_now_patent-free_as_ea_announces_accessibility_pledge Recently, Electronic Arts (EA) announced a patent pledge that gives other companies and developers free access to five of its current accessibility-related patents and technology. The company promised not to enforce against any party for infringing any of the listed patents. Instead, EA hopes to encourage “innovation” and build new features that make video games more inclusive on a much larger scale by opening up the patents.    Electronic Arts (EA) is an American video game company founded in 1982. The company owns many popular and famous games, such as The Sims, SimCity, Apex Legends, Madden NFL and FIFA. Each of the games has more than 30 or 50 million sales volume. Significantly, esports involves FIFA and Apex Legends into the event list. Apex Legends has up to 1 billion players, and it is so popular that it has a Switch version.   Within the freely available patents, one of which grabs everyone’s attention -- Apex Legends’ ping system (patent No. US 11097189). The ping system in Apex Legends, which excellently allows players to make communication and teamwork quick and easy without hearing or speaking, has been praised both as an impressive alternative to voice chat and as a great accessibility feature for players with a variety of disabilities.    The other patents include the technology widely used in the FIFA and Madden NFL. The innovations can automatically detect and modify colors (patent No. US 10118097 and CN 107694092) and contrast ratios (patent No. US 10878540) to improve gamers’ visibility with colorblindness and low vision. Furthermore, one of the patents relates to personalized sound technology, helping players with hearing issues by modifying or creating music based on their preferences (patent No. US 10790919).   The
2021-10-22
The

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully!

The forum on "China's Intellectual Property-related Reform Measures and New Trends in Patent Litigation" will be held successfully! In response to the call for building a strong country with intellectual property rights, at 2 o'clock in the afternoon of October 21, the forum on "China's reform measures related to intellectual property rights and new trends in patent litigation" will be successfully held in Nanjing Jiangbei New District Industrial Technology Research and Innovation Park. The event was hosted by the Science and Technology Innovation Bureau of Nanjing Jiangbei New Area Management Committee, Nanjing Jiangbei New Area Industrial Technology Research and Innovation Park, Nanjing Intellectual Property Rights Protection Assistance Center Jiangbei New District Center, Nanjing Huaxun Intellectual Property Consultant Co., Ltd., Nanjing Intellectual Property Co-organized by the Protection Center (Nanjing Intellectual Property Rights Protection Assistance Center), Taiwan Pharmaceutical Development Association, and Gene Online. The director of Nanjing Intellectual Property Protection Center, Mou Xiaojian, delivered a speech. Director Mu expressed his warm congratulations on the holding of this event and introduced in detail the new pattern of intellectual property protection in Nanjing. He said: At present, Nanjing has implemented a rights protection assistance network in the municipal area. With full coverage, Nanjing Intellectual Property Protection Center is willing to closely communicate and interact with Nanjing's innovation entities, and provide relevant public welfare services such as rapid pre-review, rapid rights protection, and comprehensive utilization for enterprises in need. In addition, Huang Funan, CEO of Gene Online, was unable to come to congratulate due to the epidemic, and recorded a congratulatory video. In the video, he said: China Innovative Pharmaceuticals has already made many outstanding achievements on the international stage, and these are inseparable from intellectual property rights. The support of the company can also show the importance of intellectual property rights to biotechnology and pharmaceutical companies. This event invites four industry experts to focus on China's reform measures related to intellectual property rights and new trends in patent litigation, discuss with companies and universities, and make arrangements in advance. Dr. Qingchen Hou, general manager of Nanjing Huaxun Intellectual Property Consulting Co., Ltd., introduced the "Guidelines for Building a Powerful Country with Intellectual Property Rights (2021-2035)" and explained his views from four aspects: background, strategic layout, overall requirements, and organizational guarantees. . Subsequently, a detailed analysis of China's patent linkage system was carried out, and compared with the same types of cases at home and abroad, questions were raised: Why should we reward the first person who successfully challenged patents? Not the first person to file a P4 application? And have a series of discussions with you. Director Jiang Haijun of the Intellectual Property Protection Legal Committee of the Nanjing Lawyers Association gave a speech on three points: the problems after the amendment of the patent law, the enforceability of the amount of compensation, and the legal conflicts related to service inventions. Regarding the patent right evaluation report, he emphasized that the patentee, interested party or accused infringer can also proactively issue a patent right evaluation report. "Patent is a work of art that combines technology and law" is a message shared by Mr. Feng Tao from Jiangsu Junbo Law Firm at this event. Mr. Feng analyzes the big data of Chinese patent litigation cases through graphs and examples. Explore. The last topic of the event was shared by Guo Huangying, Intellectual Property Manager of Nanjing Huaxun Intellectual Property Agency (General Partnership)-China's Patent Infringement Judgment Principles and New Developments. Manager Guo explained to everyone the principles of patent infringement judgment and the necessity of patent infringement search and analysis before producing and selling products. In the intellectual property industry, ECCOM has been providing high-quality and professional comprehensive intellectual property services to enterprises and universities one step at a time. It also hopes that under the leadership of the state and the government, it will contribute to the building of a strong intellectual property nation in China. Make a contribution.
2021-10-22
Types

Types of patents that are easily overlooked- Design Patent

Types of patents that are easily overlooked- Design Patent In recent years, as the public’s awareness of intellectual property has increased, people have begun to consciously use the patent law to protect their intellectual property rights. However, in the process of implementation, they often only focus on invention patent and utility model patent, and tend to ignore the protection of design patent. Recently, Midea sued Haotaitai for two models of CXW-300-D998 and CXW-300-D908 Haotaitai brand range hoods In the case of suspected infringement of its design patent (patent number: ZL201930621598.X), the Guangzhou Intellectual Property Court made a first-instance judgment after hearing that it determined that the two products of Haotaitai constituted infringement, and ordered it to immediately stop the infringement and compensate Midea, The company's economic losses and reasonable expenses totaled 360,000 yuan. In fact, appearance infringement cases have occurred from time to time before, such as: "Molly" blind box design patent case, "Siemens" switch design patent infringement dispute case received a compensation of 6 million yuan, three Casio watch design patents were infringed Received a compensation of 8.8 million yuan and so on. The reason why people ignore the protection of design patents, in the final analysis, is that they have insufficient knowledge of design patents. Today, let's take a look at what is protected by design patents and what rights protections can we apply for? Design patent definition: Article 2 of the "Patent Law", design patent, refers to a new design that is aesthetically pleasing and suitable for industrial applications based on the shape, pattern, or combination of products, and the combination of color, shape, and pattern. Protected range: The shape of the product; the pattern of the product; the shape and pattern of the product; the shape and color of the product; the pattern and color of the product; the shape, pattern and color of the product. Protection period: The term of protection for design patent rights is 15 years, calculated from the date of filing. What are the conditions for applying for a design patent? The design should be aesthetically pleasing Appearance patents should be suitable for industrial applications The design patent application should be novel The design patent application should be inventiveness What are the advantages and functions of design patents? Protect the rights and interests of enterprises in product designs and fight against infringements in market competition. To enhance brand value, the quality and quantity of patents are the embodiment of the company's innovation ability and core competitiveness. Receive consumer recognition. If a company's new product appearance is filed for a patent in a timely manner, its appearance design will enjoy the exclusive right. Nowadays, consumers often choose products with trendy and beautiful appearance when buying their products. Applying for a design patent is a necessary condition for applying for a high-tech enterprise.
2021-09-26
Colopl

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million

Colopl Settles Patent Infringement Lawsuit with Nintendo by Paying $30 Million   This August, Nintendo and a game developer Colopl announced that they have settled for patent infringement regarding White Cat Project (Shironeko Project in Japanese), a smartphone game developed by Colopl. Although both companies did not publicly share exact details of the settlement, at least it is sure that Colopl agreed to pay 3.3 billion yen (about US$30.2 million) as the settlement fee for the proceedings, including the future license of Nintendo's patents.    How did the battle begin?  Being developed and published by a Japanese game developer, Colopl, White Cat Project is a free-to-play action role-playing game for Android and iOS systems. The mobile game was launched in July 2014 as well as got a television anime adaptation in 2020. It is incredibly popular to have more than 50 million downloads. Furthermore, the game is set to receive a Switch version titled "Shironeko New Project".    In September 2016, Nintendo noted the Colopl's game and considered that the game had infringed on several of Nintendo's technology patents. The two companies communicated with each other for over a year; however, Nintendo did not accept the explanations from Colopl, and Nintendo filed a lawsuit against Colopl at the beginning of 2018.    Nintendo claimed that Colopl infringed 6 of its patents. These patents protect touch-screen joystick functionality (patent no. JP3734820), multiplayer connectivity (patent no. JP5595991, JP6271692), confirmation screens in sleep mode (patent no. JP4010533), character attacks based on touch input locations (patent no. JP4262217), and a shadow effect placed on characters hidden behind the game geometry (patent no. JP3637031).   These patents almost cover various ways of game technology, especially the patent  JP5595991 and JP6271692. Their patent family is wide-reaching, and many divisional applications of the family are pending in Japan. They protect a communication game system and its related devices. It is not easy to detect the patent's existence and boundary since this kind of hardcore technique is so common in the gaming field and our daily lives.     The five-year patent war has been settled.  After a five-year dispute, the situation appeared to turn in Nintendo's favor as the Switch maker increased its monetary demands, which convinced Colopl to strike a deal that lets it use the disputed patents. Furthermore, a Switch version of White Cat Project remains in the works at Colopl.    With the extraordinary losses of Colopl, the legal battle between the two companies came to an end.  
2021-09-09
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