Intellectual Property

Security Rights in Intellectual Property

By Eva-Maria Kieninger
Springer-Verlag June 2021

Specifications

ISBN-13
9783030441937
Publisher
Springer-Verlag
Publication
June 2021
Format
Paperback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

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 Contents

Security Rights in Intellectual Property: General Report
Eva-Maria Kieninger
Security Rights in Intellectual Property in Australia
Sheelagh McCracken
Security Rights in Intellectual Property in Austria
Christian Dorfmayr
Security Rights in Intellectual Property in Belgium
Matthias E. Storme, Jasmine Malekzadem
Security Rights in Intellectual Property in Brazil
Simone Lahorgue Nunes
Security Rights in Intellectual Property in Canada: Common Law
Robert G. Howell
Les sûretés sur la propriété intellectuelle au Québec (Canada)
Élise Charpentier
Security Rights in Intellectual Property in Croatia
Romana Matanovac Vučković, Hano Ernst, Igor Gliha
Security Rights in Intellectual Property in Cyprus
Venetia Argyropoulou, Andreas Chr. Christoforou, Tatiana Eleni Synodinou
Security Rights in Intellectual Property in the Czech Republic
Pavel Koukal, Helena Pullmannova
Security Rights in Intellectual Property in England and Wales
Jan Jakob Bornheim
Security Rights in Intellectual Property in Estonia
Gea Lepik
Security Rights in Intellectual Property in Finland
Teemu Juutilainen
Security Rights in Intellectual Property in France
Michel Séjean, Nicolas Binctin
Security Rights in Intellectual Property in Germany
Moritz Brinkmann, David Rüther, Bianca Scraback
Security Rights in Intellectual Property in Greece
Dionysia Kallinikou, Pierrina Koriatopoulou
Security Rights in Intellectual Property in Italy
Marco Ricolfi
Security Rights in Intellectual Property in Japan
Megumi Hara, Yuriko Haga
Security Rights in Intellectual Property in Mexico
Laura Murguía-Goebel
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