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Security Rights in Intellectual Property

  • Book
  • © 2020

Overview

  • Highlights research on security rights in intellectual property from around the globe
  • Explores better financing options for technology-driven start-ups
  • Reveals the latest trends in secured transactions law

Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 45)

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Table of contents (27 chapters)

Keywords

About this book

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.

Editors and Affiliations

  • Faculty of Law, University of Würzburg, Würzburg, Germany

    Eva-Maria Kieninger

About the editor

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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