Intellectual Property Securitization: Intellectual Property Securities

by Marc René Deschenaux

Overview

Imagine the possibility of investing selectively in one aspect of a company, such as a single movie, song, book, patent, technology, or design you truly believe in. Picture the separation of the investment from the corporation and its human errors, like poor management or excessive spending. "Intellectual Property Securitization" introduces author Marc René Deschenaux's creation of Intellectual Property Securities (IPSs). Not only does an IPS allow you to invest selectively in one project, but it accomplishes this without diluting equity or adding debt to the balance sheet of the issuer, whether a physical person or a company. Intellectual property (IP) as a commodity is becoming increasingly important in today's global economy. Dive into the world of securitization and intellectual property rights. This book provides invaluable information on the risks, advantages, and legal aspects of the securitization process as a whole, pointing to specific features of IPS. IPSs reduce the costs of transfer of intellectual property to a fraction of their regular costs. They ensure that if you transfer a certain technology, all patents, trademarks, and other relevant intellectual properties thereto pertaining are included in said transfer. Finally, under many jurisdictions, IPSs allow the investor to invest directly into science through patents or into arts through copyrights, authoring, and neighboring rights; because of this, investment is tax free! All books are also available in audiobook format.

Product Details

ISBN-13:	9781736451588
Publisher:	BookBaby
Publication date:	08/25/2021
Sold by:	Barnes & Noble
Format:	eBook
Pages:	302
File size:	16 MB
Note:	This product may take a few minutes to download.

About the Author

Marc René Deschenaux, is a Swiss jurist (non-bar lawyer) and a world renown expert in high finance, based in Geneva, Switzerland; New York City, New York; and Los Angeles, California. He is a PhD candidate in law and a Master of Economic Law and certified in Transnational Law from the University of Geneva. He is also certified as Leading with Finance from Harvard Business School.

His expertise covers contract law, international corporate and governmental financings organization and bank syndication, international corporate and nonprofit laws, international intellectual property law, and securitization law.

In his financing practice, Deschenaux is highly reputed worldwide as an international financier, known for his state-of-the-art structures which resulted in 179 successful IPOs and 243 private offerings in private equity and private debt. He is also internationally considered the world expert in initial public offerings and as a reference in securities law, financing law, and trading law.

He was registered as a General Securities Representative – Series 7 and General Securities Principal – Series 24 by the North American Securities Dealers Association and a member of the National Investment Banking Association.

Deschenaux also financed various types of operations from import/export transactions to real estate investment trusts and organized several governments loans, including the first national debt cancellation in the history of mankind. Anna Budnikova is a marketing specialist with TV-Production and Journalism background. She developed TV-shows for state and private TV-channels. Anna holds two master's degrees in International Business and Management. She is experienced in public relations, communications, and event management.

Table of Contents

Introduction 1

What is Securitization? 2

What is Intellectual Property (IP) Securitization? 4

Why Intellectual Property Securitization is the Future of Securitization? 6

2 Securitizable Intellectual Products 10

2.1 How the Securitization Process Works 12

2.2 Definition of Intellectual Property 26

2.3 Intellectual Property Types 30

2.4 The Allure of Securitization 50

2.5 The Growth of Securitization 52

2.6 Benefits of IP Securitization 52

2.7 Challenges to Intellectual Property Securitization Market 61

2.8 The Advantages of IP Securitization 81

2.9 The Disadvantages of IP Securitization 83

2.10 Issues Involved in IP Asset Securitization 86

2.11 Solutions for IP Securitization Challenges 90

2.12 The Cost of Securitization 97

2.13 Legal Aspects of IP Securitization 98

2.14 The Role of the Government in Supporting and Promoting IP Securitization 101

3 A New Kind of Securitization 104

3.1 Assets or Debts or Streams 107

3.2 Securitization of Intellectual Property Assets: The Related Laws 142

3.3 Source of Inspiration: The Real Estate Investment Trust 148

4 Indirect Securitization 169

4.1.1 Raising Funds by Securitization 171

4.1.2 How Securitized Products Work 174

4.1.3 Direct Securitization of Intellectual Property in the U.S 177

5 Trust Generalities 189

6 Intellectual Property Investment Trust 193

7 Direct Securitization 196

7.2 Source of Inspiration: The Securities Act of 1933 199

7.2 Pass-Through Securities 201

8 Definition of Intellectual Property Securities 207

8.1 The Argument for Using Intellectual Property as a Security 209

8.2 Intellectual Property Assets That Can Be Securitized 211

8.3 The Argument Against The Use of Intellectual Property As A Security 228

8.4 Return on Investment in IP Security 235

9 Launching Movie Securities 238

9.1 The Securitization of Movies/Films 240

10 Composition of Intellectual Property Security 242

10.1 Intangible, Intellectual Property Assets as a Financing Tool 244

10.3 The Advantage of IP Security-Based Funding Over Traditional Financing for Innovative Enterprises 252

10.4 Using Intellectual Property Asset as Collateral 260

10.5 IP Security: Constituencies and Underlying Assets Criteria 261

11 Risks Associated with Intellectual Property Security 269

11.1 Underlying Asset Risk 270

11.2 Legal Risk 270

11.3 Commercial Risk 285

11.4 Credit Risk 288

Conclusion 291