| 摘要: | 電影工業堪稱文創產業火車頭，乃複雜的綜合體，蓋其本質上往往仰賴各方面創意為基礎，而創意的具體化並其核心價值則該透過適當的法律制度，以「智慧財產 (Intellectual Property)」的形式呈現，並加以應用於商業策略之中。惟觀諸近年我國電影產業發展踟躕不前，乃至為中國大陸後來居上，政府關於『銀彈』-無形財產之融資機制建置工程的後知後覺實難辭其咎。有鑑於我國現行動產擔保交易法制「偏好不動產、輕視動產」的現象，不但不利於企業的貿易競爭，也與世界的融資擔保法制潮流背道而馳。值此我國動產擔保法制即將與國際趨勢接軌、尤以無形資產為改革核心之企業資產擔保法立法之際-雖僅草案，惟對文創產業工作者之籌資困境無疑曙光乍現。故本文擬以電影融資議題之核心-智慧財產權擔保交易法制的現代化及健全化為研究主軸，結合前人探討過之諸議題、透過以電影契約架構與融資機制為討論對象、實務上比較臨近之南韓、好萊塢的運作模式，找出值得進一步深入探討的議題，協助公私部門推動文創與新興產業政策、開拓資金挹注之管道、建立完善金融架構，於好萊塢及新崛起之大陸電影兩強壓境之夾縫中強化競爭力。本研究之方向，均在此目的之指引下，思考並尋求解答。
The film industry is also known as "leading one" of the cultural and creative industry. Which is a perplexed complex, and its essence is often based on ideas from all sides. The specificity of the creativity and its core values should be through appropriate legal systems to “Intellectual Property”,which is also presented and applied in business strategy. However, in recent years, the lack of knowledge and hindsight of Taiwan government toward to intangible property financing mechanism construction project may be the main reason leading to the stagnated development of Taiwan's film industry ,even for mainland China's comimg from behind. In view of the fact that Taiwan's current legal system of secured transactions in mobile goods “prefers real estate and disregards movable property”, it is not only detrimental to the company’s trade competition, but also irrelevent to the world’s financial security legal system.
On the occasion that Taiwan’s movable property guarantee legal system is about to be brought into line with international trends, and the Secured Enterprise Property Act,of which core is guarantee mechanism of intangible assets, will also be legislated,although, which is only a draft, the solusion toward to financing dilemma of cultural and creative industry doubtlessly seems to be emerged. This paper intends to focus on the film financing issues ,regarding modernization and soundness of the legal system of secured property rights trading as the main shaft, and combine with topics discussed by previous generations, film contract structure and financing mechanism,operational mode of South Korea and Hollywood,to identify issues worthy of further in-depth discussion and help both the public and private sectors to promote policies toward to cultural and emerging industry, explore funding channels,and establish a sound financial architecture to strengthen companies of Taiwan’s competitiveness. |
