This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law.
In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.
Table of Content
Security Rights in Intellectual Property: General Report.- Security Rights in Intellectual Property in Australia.- Security Rights in Intellectual Property in Austria.- Security Rights in Intellectual Property in Belgium.- Security Rights in Intellectual Property in Brazil.- Security Rights In Intellectual Property In Canada: Common Law.- Les sûretés sur la propriété intellectuelle au Québec (Canada).- Security Rights in Intellectual Property in Croatia.- Security Rights in Intellectual Property in the Czech Republic.- Security Rights in Intellectual Property in Cyprus.- Security Rights in Intellectual Property in England and Wales.- Security Rights in Intellectual Property in Finland.- Security Rights in Intellectual Property in France.- Security Rights in Intellectual Property in Germany.- Security Rights in Intellectual Property in Greece.- Security Rights in Intellectual Property in Italy.- Security Rights in Intellectual Property in Japan.- Security Rights in Intellectual Propertyin Mexico.- Security Rights in Intellectual Property in the Netherlands.- Security Rights in Intellectual Property in Poland.- Security Rights in Intellectual Property in Romania.- Security Rights in Intellectual Property in Scotland.- Security Rights in Intellectual Property in South Africa.- Security Rights in Intellectual Property in Spain
About the author
Eva-Maria Kieninger is a Professor of German and European Private Law and Private International Law in the University of Wuerzburg, Germany. She has published numerous books and articles on secured transactions law and has participated in European and worldwide attempts to harmonisation.
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