Journal Article

The UNCITRAL Annex on security rights in IP: a work in progress

Andrea Tosato

in Journal of Intellectual Property Law & Practice

Volume 4, issue 10, pages 743-750
Published in print October 2009 | ISSN: 1747-1532
Published online August 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp128
The UNCITRAL Annex on security rights in IP: a work in progress

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Legal context

In 2007, UNCITRAL adopted the Legislative Guide on Secured Transactions (henceforth, the Guide).

Key points

Currently, the organization is endeavoured in drafting an Annex to the Guide aimed at identifying and resolving the particular issues that may arise when IP rights are the object of the security. The purpose of this project is to provide a legislative model for those countries wishing to reform their secured transaction laws, in such a way as to allow for an efficient employment of IP rights as collateral.

Practical significance

Indeed, the growth in value of IP rights brought by the advent of the information society has generated a growing interest worldwide in both offering and taking these assets as security for debt finance. This article describes some of the main issues that are currently being discussed in the development of the Annex and the different solutions under consideration; in particular (i) the interaction between the general security register set out in the Guide and the specialized IP registries; (ii) the ordinary course of business exception and its application to IP licences; and (iii) the choice of law rule for transactions creating a security interests over an IP right.

Journal Article.  6140 words. 

Subjects: Arbitration ; Intellectual Property Law

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