Download or read book Secured Lending in Intellectual Property written by Kiriakoula Hatzikiriakos and published by . This book was released on 2017-09 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Intellectual Property as Collateral in Secured Lending written by G. Larry Engel and published by . This book was released on 1986 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Use of Intellectual Property as Collateral in Secured Financing Practical Concerns written by Anjanette Raymond and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Secured Financing of Intellectual Property Assets and the Reform of English Personal Property Security Law written by Iwan R. Davies and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Security Interests in Intellectual Property written by Toshiyuki Kono and published by Springer. This book was released on 2017-08-14 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Intellectual Property Rights and the Financing of Technological Innovation written by Carl Benedikt Frey and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Download or read book Intellectual Property as Collateral in Secured Transactions written by Anjanette Raymond and published by . This book was released on 2014 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Mobilisation of Intellectual Property in Secured Financing written by Catherine Walsh and published by . This book was released on 2016 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book UNCITRAL Legislative Guide on Secured Transactions written by United Nations Commission on International Trade Law and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Security Interests in Intellectual Property written by Law Commission of Canada and published by Thomson Carswell. This book was released on 2002 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Asset based Lending written by John Francis Hilson and published by . This book was released on 2006 with total page 1202 pages. Available in PDF, EPUB and Kindle. Book excerpt: For 20 years, Asset-Based Lending: A Practical Guide to Secured Financing has been a model of clear, sensible, step-by-step coverage of the techniques, documents, risks, and protections at the heart of this complex specialty.

Download or read book Collateralizing Intellectual Property written by Xuan-Thao Nguyen and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consider the following hypothetical. You receive a frantic call from Dan Brown, asking you for assistance. Breathlessly, he quickly provides some pertinent information about his urgent matter. An unknown author a few years ago, Brown was thrilled to finish his manuscript, The Da Vinci Code. A kind and generous friend who operated a financing company (the Creditor) provided a $50,000 loan to him in exchange for a security interest in the copyright of The Da Vinci Code. Brown read the boilerplate security agreement, granting the Creditor a security interest in the “general intangibles,” and signed the document. The Creditor then filed the necessary documents stating that it has a security interest in Brown's general intangibles. Brown later wrote a sequel to The Da Vinci Code, building on the character of Dr. Robert Langdon, the Harvard symbologist that he had previously developed. In the meantime, Brown depleted the money and defaulted on the original loan, prompting the creditor to foreclose on the copyright and sell it to the Purchaser. The Purchaser, as the new copyright owner, now asserts that Brown violated the Purchaser's copyright because the sequel is a derivative work of the original. In addition, Miramax wants to make a movie and is ready to negotiate with the current owner of the copyright, the Purchaser, instead of Brown. Brown is frustrated, believing he has the derivative right for a movie option and control over his own creative output in writing a new sequel. Brown needs your help and he has your sympathy. Unfortunately for both Brown and you, neither copyright nor secured transaction laws directly address the issues at hand. That is the current state of collateralization of intellectual property. Here, the hypothetical presents the problem of the collateralization of a copyright of a book. What does it mean to collateralize intellectual property? It is well established that intellectual property assets are core and important to the growth of the economy. Companies, small and large, create, acquire, and hold intellectual property as corporate assets. To maximize the value of intellectual property corporate assets, companies turn these assets into collateral for secured financing. Despite the pervasive practice of using intellectual property assets as collateral in secured financing, very little scholarship has been devoted to understanding the collateralization of intellectual property. The majority of the scholarship in the past twenty years has focused only on perfecting a security interest in intellectual property. Neither courts nor scholars have addressed the fundamental question of collateralization. The Dan Brown hypothetical above demonstrates that the use of copyright as collateral has hidden costs, including depriving the author of the right to create new works. This Article argues that the process of the collateralization of intellectual property lacks transparency. Consequently, the current Article 9 of the Uniform Commercial Code (UCC-9) may unfairly advance secured creditors' rights at the expense of intellectual property creators-such as authors and inventors who are the debtors-and ultimately at the expense of society as a whole. Due to these hidden costs, the ongoing process of collateralization may prevent intellectual property creators from creating future works based on their early creations. This Article identifies and critiques the collateralization of intellectual property, revealing the complexity of intersecting secured transaction law, namely Article 9 of the Uniform Commercial Code, and doctrinal intellectual property laws such as patent law, copyright law, and trademark law. The inquiry challenges the silence surrounding the pervasive use of intellectual property as collateral in secured financing and suggests changes to the existing framework on secured financing law. The Article proceeds as follows: Part II discusses the normative intellectual property rights for patents, copyrights, and trademarks and how such rights are utilized as corporate assets. Part III describes different forms of financing available for companies and the use of intellectual property in financing. Part IV explains the UCC-9 regime as the law on secured financing, focusing on the rights of both the debtor and the secured creditor in the event of default. Part V frames the existing debate on security interests in intellectual property assets and analyzes how the revised UCC-9 addresses the debate. Part VI identifies and critiques the collateralization structure and its hidden costs. Finally, Part VII offers a proposal to minimize the hidden costs, provide better notice to all parties, and promote creativity and innovation.

Download or read book UNCITRAL Model Law on Secured Transactions written by United Nations Commission on International Trade Law and published by . This book was released on 2016 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,

Download or read book Intellectual Property Deskbook for the Business Lawyer written by Sharon K. Sandeen and published by American Bar Association. This book was released on 2007 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Intellectual Property Deskbook is intended to serve as the business lawyer's starting point for issue identification, perspective, and resources in dealing with intellectual property issues and assets, whether in the context of structuring and consummating transactions or in the day-to-day counseling of clients. It is specifically designed to become the go-to reference for beginning the analysis, refreshing the memory, or seeking direction for in depth research on the wide range of IP-related issues.

Download or read book Leveraging Knowledge Assets written by Law Commission of Canada and published by . This book was released on 2004 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Secured credit is an efficient form of lending that, when implemented in a proper legal and institutional framework, can reduce transaction costs associated with borrowing and thus stimulate economic activity...Today, with the growing importance of intellectual property, it is not surprising that that there is mounting pressure to improve the framework for securing loans with intellectual property rights (IPRs). Enterprises in the technology sector would not be the only ones to benefit from this reform. Any modern enterprise, from manufacturing to the service sector, holds significant intellectual property assets, ranging from business software to licence rights. This report examines the legal and institutional reforms needed to facilitate IPR-secured lending." -- from the Executive Sumamry. p. vii.

Download or read book Intellectual Property in Business Transactions written by and published by Continuing Education of the Bar-California. This book was released on 2008 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Patents as Collateral Assets in the Wake of the Global Financial Crisis written by Federico Caviggioli and published by . This book was released on 2017 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper, the practice of using patents as collateral for debt has been studied. To this aim, the USPTO Patent Assignment database has been used and all the patents that reported the “security interest agreement” type of conveyance, registered in the 2007-2010 years, have been extracted. The final dataset is made up of a total of 8,818 security interest agreement records, in which 133,110 patents are pledged as collateral for debt. Nearly 70% of the patents are associated with a subsequent release of security interest, over the 2007 and 2015 period. The determinants that affect the likelihood and the timing of a patent being released have been investigated. In particular, we focus on the effects of the global financial crisis and the interplay between the financial intermediary types involved in the collateralization event. Survival models have been applied and the hazard rates on the likelihood of observing a release of a security interest have been estimated. The obtained results suggest that a security interest on a patent is more likely to be released in the case of granted and younger pledged patents, when firms that pledge patents as collateral are larger, and lenders are more experienced in handling intellectual property (IP) backed transactions. Moreover, all else being equal, a release is more likely to occur for patents with higher technical merit, as captured by forward citations. On average, after the beginning of the global financial crisis, a decrease in the probability of release of a security interest is observed. This effect is smoothed for larger firms and for deals involving banks, as opposed to specialty finance intermediaries. This evidence has been discussed in light of the literature on secured lending and the financing of innovative companies.