The Collateralisation and Securitisation of Intellectual Property
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Intellectual Property (IP) is becoming an increasingly important source of collateral in debt-based
financial transactions. This thesis will show that IP and financing are intrinsically linked. They both
can be used to drive company growth. When the two interact a virtuous growth spiral can form. It will
be shown that IP can be used to obtain financing which allows for company growth and the creation
of more IP rights. The new IP rights then allow the IP owner to obtain more financing. The pattern of
growth can continue in this pattern. However, due to the legal complications the formation of such a
growth spiral is hindered.
The thesis examines how security interests in intellectual property right are treated in secured finance
law and IP law in the US and the UK. It will show that there is a conflict between laws particularly in
the perfection and priority of such security interests. The conflict between the two sources of law
makes it difficult to determine where a security interest must be registered in order to be perfected.
The conflict also creates conflicting registers for such interests. Due to conflicting registration
provisions it is also difficult to determine the priority of conflicting security interests in an IP right.
Additionally, IP laws are often inadequate for determining issues on perfection and priority. The
thesis will offer suggestion on legal reforms which will best alleviate the legal problems of taking
security in an IP right.
Authors
Owens- Richards, MarileeCollections
- Theses [4223]