Journal Article

Securitization of patents and trade marks: the Polish perspective in comparative perspective

Lukasz Zelechowski

in Journal of Intellectual Property Law & Practice

Volume 4, issue 8, pages 549-558
Published in print August 2009 | ISSN: 1747-1532
Published online June 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp092
Securitization of patents and trade marks: the Polish perspective in comparative perspective

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Legal context

This article examines legal issues of securitization of patents and trade marks in Poland. The security right, which can be established in Poland in this case, is—as in many continental jurisdictions—the pledge. The author aims to present the topic against a comparative background and refers to other continental jurisdictions, mainly Germany and France, as well as to the UNCITRAL Legislative Guide on Secured Transactions and Annex to the Guide dealing with security interests in IP.

Key points

The article discusses specific problems that arise in relation to registrable IPRs as objects of securitization. Patents and trade marks were chosen as the most representative of this category. Copyright, which is not registrable in Poland, is left outside the scope of the article. Two issues, which seem to be of major importance, are examined in more depth. First, this is the status of registrable IPRs as objects of securitization. Special focus is given to securitization of patent and trade mark applications. The second issue is the process of securitization of registrable IPRs, including the role of IPR registers in this process.

Practical significance

The legal framework pertaining to securitization of IPRs in Poland has, as in many jurisdictions, certain deficiencies. The article seeks to offer solutions to problematic issues under current law. Special attention is given to recent legislative changes in Polish law, which relate to securitization of patents and trade marks. The article also contains some general thoughts concerning the role of IPR registers in securitization of IP and their relations with general registers of security rights in the light of Polish law and the UNCITRAL Legislative Guide on Secured Transactions.

Journal Article.  7780 words. 

Subjects: Arbitration ; Intellectual Property Law

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