[PDF] Secured Lending In Intellectual Property eBook

Author : Kiriakoula Hatzikiriakos
Publisher :
Page : 530 pages
File Size : 14,54 MB
Release : 2017-09
Category : Computer software
ISBN : 9780433474098

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"Secured financing in intellectual property is a rapidly evolving area of the law as intellectual property becomes the core asset in many industries. Secured Lending in Intellectual Property, 2nd Edition serves as a guide to best practices in this financing segment by examining the commercial and legal context of intellectual property in commercial transactions as well as financing vehicles and procedures, and the associated commercial and legal risks. The scope of this new edition has been significantly expanded and revised to cover all types of intellectual property, including copyright, patents, trademarks, trade secrets and domain names...The scope of this second edition has been significantly expanded and revised to include the extensive number of decisions that have been released since 2006 as well as a more comprehensive review of the 2009 amendments to the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act that relate to intellectual property."-- Résumé de l'éditeur.

Author : Anjanette Raymond
Publisher :
Page : pages
File Size : 28,83 MB
Release : 2014
Category :
ISBN :

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The lack of coordination and/or uniformity between the intellectual property and secured transactions mechanisms are clear impediments in the use of intellectual property as collateral. Even if the systems could begin to unify the approach and philosophical view of the status of intellectual property under the law, there remain numerous issues that will also need to be overcome before the lenders will view intellectual property as a viable asset for the securing of lending.

Author : Iwan R. Davies
Publisher :
Page : pages
File Size : 26,99 MB
Release : 2010
Category :
ISBN :

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The past three decades have seen a decline in traditional industries in the United Kingdom and there has been a relative decline in the value of physical assets to the UK economy. At the same time, the value of intangible assets seen in intellectual property rights have increased considerably. As such, IP rights represent important assets for companies and often comprise the foundation for market dominance and continued profitability. There is a structural uncertainty in the law relating to the use of IP as collateral for the purpose of raising debt finance and this may impact upon the survival of firms with high ratios of intangible to tangible assets. This article considers the proper goals for an effective credit and security regime in IP. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance to maximise the use of IP as security reflects inherent difficulties which arise out of the nature of IP as economic assets. This has implications for the reform of English personal property security law and the development of bright line priority rules associated with Article 9 of the US Uniform Commercial Code which is often cited as a model for reform of English law.

Author : Toshiyuki Kono
Publisher : Springer
Page : 165 pages
File Size : 31,98 MB
Release : 2017-08-14
Category : Law
ISBN : 9811054150

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Economic development increasingly depends to a large extent on innovation. Innovation is generally covered by intellectual property (IP) rights and usually requires extensive funding. This book focuses on IP and debt financing as a tool to meet this demand. This book clarifies the situation of the use of IP as collateral in practice through a survey conducted in Japan on IP and debt financing. Various obstacles in the proper use IP and debt financing are identified, and some projects to facilitate its use are illustrated. IP and debt on a global scale, either by attracting foreign lenders or by collateralizing foreign IP rights, needs appropriate private international laws. This book analyzes such regulations in which the United Nations Commission on International Trade Law (UNCITRAL) has worked, paying due attention to the law of finance and insolvency law, as well as IP laws. However, further analysis is needed to identify under what conditions such solutions would show optimal effects. This book offers comprehensive analysis from an economic point of view.

Author : Carl Benedikt Frey
Publisher : Edward Elgar Publishing
Page : 302 pages
File Size : 36,17 MB
Release : 2013-01-01
Category : Law
ISBN : 1782545905

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'A major contribution to the literature on the role of intellectual property rights (IPR) for the financing of innovation. The book is extensively researched and provides compelling insights for IPR managers, technology investors and policymakers trying to promote the efficiency of capital markets and national systems of innovation.' Knut Blind, Berlin University of Technology, Germany Following the transition of industrial nations to knowledge economies, the financing of technological innovation has become a central issue in public policy, corporate finance and business management. This detailed book examines the role of intellectual property rights in facilitating the financing of technological innovation as well as the role of policy makers, investors and managers in this process. The book's central finding is that public policy plays a key role in promoting the corporate disclosure of intellectual property-related information to enhance the efficiency of capital markets. This not only reduces the costs of capital for technology-driven firms but ultimately spurs innovation and economic growth. Intellectual Property Rights and the Financing of Technological Innovation will strongly appeal to research students and academics, policy makers, intellectual property professionals, equity analysts, credit rating analysts and executives in the pharmaceutical industry.

Author : Anjanette Raymond
Publisher :
Page : 37 pages
File Size : 12,82 MB
Release : 2014
Category :
ISBN :

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Until recently, commercial lending was a resource only for companies that had significant tangible assets and historic accounts receivable. Borrowers traditionally pledged tangible assets and accounts receivable to secure bank loans, and intellectual property was a mere afterthought in the lender's credit analysis. Increasingly, more businesses are finding that their most valuable asset is their intellectual property portfolio. However, in the United Kingdom, and elsewhere, there is a structural uncertainty in the law relating to the use of intellectual property as collateral for the purpose of raising debt based finance. This article considers the evolution of intellectual property as collateral. It examines the significance of the availability of collateral to the lending decision and also considers whether the reluctance of lenders to use intellectual property as collateral is based in unfamiliarity, legal limitations or in the potential difficulties which arise out of the nature of intellectual property.

Author : Catherine Walsh
Publisher :
Page : 12 pages
File Size : 48,25 MB
Release : 2016
Category :
ISBN :

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Secured credit is a well known and deep-rooted institution. The basic premise is straightforward. A debtor gives her creditor a proprietary interest in one or more of her assets on the understanding that if she defaults the creditor can look to the liquidated value of those assets to satisfy the debt. In today's information and technology dominated economies, intellectual property rights (IPRs) are an increasingly significant component of the asset base of many prospective borrowers. Valuation and validation issues contribute to the reticence of financers to lend against the value of IPRs. However, an equal if not greater obstacle to IPR financing is the undeveloped and uncertain state of the applicable legal framework everywhere. This paper comes down solidly in favour of incorporating IPRs within the same secured transactions framework that applies to other categories of intangible movables. Indeed, I go further and advocate extension of that framework to outright assignments of IPRs by analogy to the approach taken in the area of receivables financing.

Author : United Nations Commission on International Trade Law
Publisher :
Page : 0 pages
File Size : 47,62 MB
Release : 2011
Category : Intellectual property
ISBN : 9789211337082

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The overall objective of the UNCITRAL Legislative Guide on Secured Transactions (the Guide) is to promote low-cost credit by enhancing the availability of secured credit. In line with this objective, the Supplement on Security Rights in Intellectual Property (the Supplement) is intended to make credit more available and at a lower cost to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights as security for credit. The Supplement, however, seeks to achieve that objective without interfering with fundamental policies of law relating to intellectual property.

Author : Law Commission of Canada
Publisher : Thomson Carswell
Page : 742 pages
File Size : 48,36 MB
Release : 2002
Category : Law
ISBN :

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This text thoroughly examines both the practical and theoretical issues involved in using intellectual property for collateral for corporate financing. With contributions from 18 leading intellectual property experts, it provides theoretical and policy analysis for Canada (including a definitive analysis of Quebec Civil Code theory and practice), the U.K. and the EU, the U.S.A. and Australia.