Consensual security rights over intellectual property

Title:

Consensual security rights over intellectual property

Creator:

Pavel Koukal and Pullmannová, Helena

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:73f63fde-c356-461d-a1b6-20729372a1c9
uuid:73f63fde-c356-461d-a1b6-20729372a1c9
issn:1805-8396

Subject:

duševní vlastnictví, intellectual property, intellectual property rights, consensual security rights, pledge, priorities of creditors, registration in the IP registries, 16, and 34

Type:

model:article and TEXT

Format:

print, bez média, and svazek

Description:

This paper focuses on the consensual security rights over the objects of intellectual property in the Czech Republic. The paper is based on the national report presented for the purpose of XX. Congress of the International Academy of Comparative Law (Japan, Fukuoka, 22-28 July 2018). In the first part of the paper, the authors describe the system of the intellectual property protection and explain the basic principles of the core sstems of IP protection: copyrights, patents, trademarks and industrial designs. in the next part the authors define three most common methods of the security rights over the intangible assets: a pledge, transfer of a right as a security, and a prohibition of the alienation or the encumbrance of assets. The paper subsequently deals with the following issues: typical structure of the security transaction, mechanisms of evaluating the IP rights used as collateral, and requirements needed for the effectiveness of security rights. With this regard the authors distinguish between the effects of the security rights over non-registered rights such as copyright or unregistered designs, and security rights over registered trademarks, granted patents or registered industrial designs. Special attention is paid to the security rights over the business enterprise. The final part of the paper is aimed at the statistical analysis. The authors describe how frequent is the use of the consensual security rights in Czech legal practice and what are the usual costs related to the secured transactions over the intellectual property., Pavel Koukal, Helena Pullmannová., and Obsahuje bibliografické odkazy

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2018 Volume:8 | Number:4

Harvested from:

CDK

Metadata only:

false