Risks in securitization of intellectual fraud rights

The article is devoted to the analysis of the relationship between the risks of securitization transaction and specific features of intellectual property rights. The types of risks associated with patent rights, trademark rights and copyright in their securitization are indicated: Legal risks are associated with termination or invalidation of the license, the license risk associated with the license issued by the licensor (proponent) to the second licensee, the market risk associated with the violation of the exclusive right, the production risk associated with the production technology of the object established by the license contract and the image risk associated with the subjects of the work.

Keywords: sececuritization risks, volatile cash flows, risks and intellectual property rights.


  1. Federal Law of the Russian Federation No. 395‑I of December 2, 1990 «On Banks and Banking Activities» with amendments and additions URL: https://base.garant.ru/10105800/?ysclid=lbowxp05kv224297274 (Accessed: December 6, 2022).
  2. Securitization of intellectual property assets — a new trend//URL: https://www.wipo.int/wipo_magazine/ru/2021/01/article_0003.html (Accessed: December 6, 2022).
  3. IP financing in Japan: Challenges and potential opportunities. URL: https://www.wipo.int/sme/ru/news/2022/news_0011.html (Accessed: December 6, 2022)
  4. The Civil Code of the Russian Federation. Part four of December 18, 2006 N 230‑FZ//Federal Law of the Russian Federation of December 25, 2006 N 52 (part I) art. 4596.
  5. Securitization of assets using a conduit//URL: https://iq.hse.ru/news/177733614.html (Accessed: February 13, 2021)
  6. Lopatina, S. V. Problems of the securitization mechanism and their impact on economic security in the Russian Federation/S. V. Lopatina//Innovative development of the economy. — 2019. — № 2 (50). — Pp. 319–331. — EDN NYUUWO.
  7. Lending secured by intellectual property rights//URL: http://www.okfirst.cn/article/713.html (Accessed: June 24, 2021)
  8. Glazunova K. D. Securitization as an effective way of commercialization of intellectual property//Journal of the Court of Intellectual Rights. No. 19, March 2018, pp. 71–74.
  9. Cao, Ya. Practical development and legal norms of real estate investment trust in China/Ya. Cao//Problems of economics and legal practice. — 2022. — Vol. 18. — No. 3. — PP. 195–207. — EDN SGSQYP.