At this point, where technology-based industries like the Fourth Industrial Revolution are coming to the fore, the status of technology and intellectual property, which is the rightization of technology, is incomparable to the past. In February 2023, ...
At this point, where technology-based industries like the Fourth Industrial Revolution are coming to the fore, the status of technology and intellectual property, which is the rightization of technology, is incomparable to the past. In February 2023, the Korean Intellectual Property Office signed a business agreement with the Ministry of Culture, Sports and Tourism, the World Intellectual Property Organization (WIPO), and the KDI School of Public Policy and Management to operate the 'Master's Program in Intellectual Property and Development Policy (MIPD)'. The purpose of this agreement is to develop human resources for technological innovation and the development of creative industries in developing countries by operating an education program linking intellectual property and economic development strategies, as the importance of intellectual property, a core of economic growth and national competitiveness, grows in the era of the Fourth Industrial Revolution. It is clear that the importance of intellectual property is greater than ever.
Under such circumstances, domestic policies in South Korea have consistently initiated policy finance for the activation of corporate research and development and indirect support policies for companies holding intellectual property. The basis for this is the enforcement of the "Act on the Security of Movable Property, Claims, etc." on June 11, 2012. This Act aims to facilitate financing, ensure transaction safety, and contribute to the sound development of the national economy by stipulating matters related to security rights targeting movables, claims, and intellectual property rights, as well as their registration. Following the implementation of this law, in July 2013, the government ministries proposed a plan to vitalize intellectual property finance for the realization of a creative economy. The plan defines intellectual property as intangible assets with property value, points out the current status and problems of domestic intellectual property finance, and aims to strengthen investments in intellectual property rights. The strategy for enhancing investment in intellectual property rights included the establishment of specialized investment funds, the introduction of an intellectual property value evaluation guarantee system, the establishment of royalty accounts receivable insurance, and the creation of infrastructure for intellectual property securitization and collateral loans.
Despite these efforts, financial institutions still tend to avoid collateral loans for intellectual property rights, largely due to the strong reliance on real estate collateral. In traditional collateral systems, real estate is valued higher than movables, claims, or intellectual property rights due to its well-established legal system. Efforts are needed to remove obstacles related to the setting and execution of intellectual property rights as collateral to achieve a status equivalent to that of real estate collateral.
To overcome these issues, in December 2018, the Financial Services Commission, in conjunction with the Korean Intellectual Property Office, announced the "Comprehensive Plan for the Activation of Intellectual Property Finance." This comprehensive plan identified the current status and problems of intellectual property collateral loans and proposed specific measures for improvement. Particularly, it expressed the intention to lay the groundwork for alleviating regulations that hinder the ease of handling and utilization of intellectual property finance and to improve systemic devices to incentivize financial institutions to handle intellectual property finance.
Furthermore, the comprehensive plan identified problems with the recovery support structure and proposed improvements. The improvements included operating a recovery support project using patent management companies, introducing recovery specialized institutions to mitigate bank risks, and adopting a collateral loan system centered on registered patents overseas. However, financial institutions still tend to avoid intellectual property collateral loans due to the continued existence of regulations that hinder the ease of handling and utilization of intellectual property finance and the lack of systemic devices to incentivize financial institutions.
Beyond regulatory issues, a fundamental solution for the activation of the recovery support project lies in enhancing the collateral value of intellectual property rights themselves. If intellectual property rights reach a value level equivalent to real estate collateral, the handling of intellectual property rights as collateral by financial institutions will significantly improve. It is hoped that, without government or institutional intervention, a privately-led intellectual property finance can be realized.