Intellectual Property Financing for Innovation: Structuring Intellectual Property Securitization for Issuance of Islamic Financial Instrument “Sukuk”

This chapter discusses intellectual property (IP) securitization as one IP financing model to support the development of creativity and productivity in the innovation world. It firstly analyses the prospect of IP securitization as a financial technique to turn the IP asset into marketable securities such as bonds, or Sukuk. As one Islamic financial instrument, its issuance under IP securitization might spark challenges at the doctrinal level in respect of Shariah compliance, at the normative level in respect of the absence of appropriate regulatory frameworks, and at the practical level in respect of the absence of systems and infrastructure. In addition, the intrinsic risks of the IP asset with uncertainty of revenues or royalties, the small applicable market, and IP transferability problems expose the IP securitization challenge. The chapter examines how it might be possible to structure Sukuk issuance under IP securitization provided it complies with Shariah requirements. It suggests that IP securitization is an attractive financing option to support creative and innovation development as Sukuk have a widespread appeal and marketability, not only in Islamic Jurisdiction, but also in non-Islamic states.