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智慧財產權證券化-從美日經驗看我國實施可行性與立法之芻議陳月秀, Chen, Ashow Unknown Date (has links)
我國為重建金融環境,引進源自美國的資產證券化(asset securitization),近二年制訂金融資產證券化條例與不動產證券化條例,至今已成功發行八件案例。若能將資產證券化範圍擴大適用於智慧財產權與相關債權,或可解決目前企業以智慧財產權融資擔保所面臨的困境,不但有助於我國產業籌措營運資金和提升發展,亦能增加投資人金融商品之選擇與效益。
智慧財產權證券化(IP securitization)是近年國外重點發展之產物,其涉及財務、會計、賦稅、法律等多重領域。本文研究範圍與焦點,首先是國外文獻與實際案例(美國與日本)之整理與介紹,探求智慧財產權證券化可行性的成功要素與風險。其次是我國現行法如何針對智慧財產權證券化進行修正,包括基礎法制的真實買賣與特殊目的機構之獨立性問題,以及有關智慧財產權的特殊議題,例如適格資產範圍、權利瑕疵與衝突、特殊保證機制、智慧財產權鑑價等。本文目的,希冀提供未來我國制訂相關法規和實務配套措施之參考,能使金融機構與企業能瞭解智慧財產權證券化之可行性。
智慧財產權證券化成功因素,關鍵在於現金流量之估算與掌握,我國若要發展智慧財產權證券化,除了建立具有公信力的智慧財產權鑑價機制外,初期仍需倚靠外部信用增強機制,例如美國電影業的完工保證、智慧財產權訴訟保險與韓國信用保證基金的運作模式,以加強投資人對於此種商品之信心,此外財務規劃、風險管理與專業人才責任,亦是整備基本環境之重點。
藉由外國經驗與檢討,我國要進行智慧財產權證券化實須待一段時間建設,然而隨著金融商品推陳出新、金融市場快速變遷、智慧財產權產業擴充整合,以及智慧財產權融資擔保等發展,未來主管機關和立法機構勢必需修正有關真實買賣之法律要件、特殊目的機構獨立性、將來債權轉讓移轉時點等問題,並放寬開發型案件得證券化、加強著作權公示與對抗制度、建立基礎資產公告與交易資料庫等,是時,將為資產證券化議題再次注入活水,開創一番新局。
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Can intangibles lead to superior returns? : Global evidence on the relationship between employee satisfaction and abnormal equity returns.Ballout, Rami, Nygård, Fredrik January 2013 (has links)
Subject background and discussion: In recent decades, issues of human rights, labor and environmental change has been hot topics world wide, which also has influenced the financial market. More and more investors use socially responsible investing (SRI) screens when constructing their portfolios. One form of SRI screen is to choose companies that have satisfied employees. Existing theory says that employee satisfaction is an intangible asset to the firm that will positively affect a firm’s performance in the future. Intangible assets are often unrecognized by the market and thereby not incorporated in the stock price. The efficient market hypothesis has been studied and debated for several decades. Proponents of the EMH argue that all available information is incorporated in the stock price, thus it is not possible to systematically beat the market. However, EMH is controversial, since research has shown different results regarding the possibility to make abnormal return from various investing strategy. Research question: Is it possible to make abnormal returns by investing in a portfolio of worldwide firms with top scores on the SRI screen employee satisfaction? Purpose: The main purpose of this study is to examine investor’s possibility to make abnormal return with controls for multiple risk factors by investing in worldwide firms with top scores in employee satisfaction. One sub-purpose is to examine how the market values intangibles depending on the degree of market efficiency. Another sub-purpose of the study is to test two different portfolio weighting methodologies, equally- and value weighted, and observe the differences between them. Theory: This study deals with the efficient market hypothesis and the concepts of SRI, employee satisfaction, intangible assets and several risk-adjusted measurements. Method: We have chosen to perform a quantitative study with a deductive approach to answer our research question. We used a sample size of 696 firms based on “Great Place to Works”- lists of companies with high employee satisfaction to construct sex portfolios with different holding periods and strategies. These portfolios have been explored and tested significantly with both equally and value weighted methods. Result/Analysis: The study finds significant evidence of an average annual abnormal return of 3,66% and 2,43% for our main portfolio over the market for equally- and value weighted, respectively, using the three-factor model. When adjusting for momentum, thus employing the four-factor model, all the predictive variables still identify strong persistence in the abnormal return, with statistical significance. Conclusion: The results show that it is possible to make abnormal returns, during the observed time period, regardless of the weighing methodology, although the equally weighted received higher abnormal returns. Thus, the market efficiency appears to be in weak form and does not fully value intangibles.
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