TY - GEN AB - Secured financing in intellectual property is a rapidly evolving area of the law as intellectual property becomes the core asset in many industries. Secured Lending in Intellectual Property, 2nd Edition serves as a guide to best practices in this financing segment by examining the commercial and legal context of intellectual property in commercial transactions as well as financing vehicles and procedures, and the associated commercial and legal risks. The scope of this new edition has been significantly expanded and revised to cover all types of intellectual property, including copyright, patents, trademarks, trade secrets and domain names. This second edition of Secured Lending in Intellectual Property examines the growing recognition of intangible assets as significant corporate assets and the rise in intellectual property used as collateral. Using a hypothetical fact pattern to explain the various concepts, this book provides comprehensive explanations of: The different ways intellectual property is being leveraged to raise financing through securitization and collateralization The due diligence process for intellectual property by: Defining the most common forms of IP and providing an overview of the general principles relating to each form with the goal of highlighting the issues that lenders dealing with IP financing transactions should be aware of Examining the concepts of copyrights, patents, trademarks, trade secrets and domain names as well as the protection afforded to such property by law, their registration requirements and lifespan, and the specific issues related to IP laws that lenders must understand when conducting their due diligence Explaining how a creditor can establish the ownership and status of the debtor's IP rights in the due diligence process Explaining how to examine the status of the IP rights, including their validity, the existence of third-party liens or encumbrances and their scope Applying the due diligence concepts to a hypothetical situation so readers can understand how these principles work practically in a due diligence review The creation of security interests in intellectual property by reviewing the applicable laws and how they apply, as well as the general principles of security interest creation and specific issues that lenders taking IP as collateral need to understand and address, including after-acquired IP, tangible property relating to IP and IP agreements (e.g., license and escrow agreements) The types of agreements used for taking intellectual property as collateral ie. assignment agreements versus security agreements, the differences between such agreements and a detailed review of the content and form of a security agreement for intellectual property assets The purpose and procedure for the perfection of security interests in IP, as well as a review of the applicable laws, a discussion of what constitutes sufficient perfection and in which registry offices filings are necessary, through a review of recent case law How to navigate the challenging process of establishing priority in lending situations secured by IP where the priority rules of secured transactions and IP come into play A series of case studies to illustrate the potential outcomes when intellectual property and secured financing laws are called upon to resolve priority disputes The laws that apply to enforcement, how creditors can use relevant enforcement measures to help them maximize the value of intellectual property collateral and how a debtor's bankruptcy affects a lender's rights. AU - Hatzikiriakos, Kiriakoula AU - Hatzikiriakos, Kiriakoula, CN - KE1042 ET - Second edition ID - 48466 KW - Computer software KW - Computer software KW - Conflict of laws KW - Intellectual property. KW - Computer software industry. KW - Conflict of laws. KW - Security (Law) / Canada KW - Intellectual property / Canada KW - Conflict of laws / Intellectual property KW - Intellectual property KW - Intellectual property KW - Copyright KW - Trademarks KW - Patents KW - Civil law. LA - eng N2 - Secured financing in intellectual property is a rapidly evolving area of the law as intellectual property becomes the core asset in many industries. Secured Lending in Intellectual Property, 2nd Edition serves as a guide to best practices in this financing segment by examining the commercial and legal context of intellectual property in commercial transactions as well as financing vehicles and procedures, and the associated commercial and legal risks. The scope of this new edition has been significantly expanded and revised to cover all types of intellectual property, including copyright, patents, trademarks, trade secrets and domain names. This second edition of Secured Lending in Intellectual Property examines the growing recognition of intangible assets as significant corporate assets and the rise in intellectual property used as collateral. Using a hypothetical fact pattern to explain the various concepts, this book provides comprehensive explanations of: The different ways intellectual property is being leveraged to raise financing through securitization and collateralization The due diligence process for intellectual property by: Defining the most common forms of IP and providing an overview of the general principles relating to each form with the goal of highlighting the issues that lenders dealing with IP financing transactions should be aware of Examining the concepts of copyrights, patents, trademarks, trade secrets and domain names as well as the protection afforded to such property by law, their registration requirements and lifespan, and the specific issues related to IP laws that lenders must understand when conducting their due diligence Explaining how a creditor can establish the ownership and status of the debtor's IP rights in the due diligence process Explaining how to examine the status of the IP rights, including their validity, the existence of third-party liens or encumbrances and their scope Applying the due diligence concepts to a hypothetical situation so readers can understand how these principles work practically in a due diligence review The creation of security interests in intellectual property by reviewing the applicable laws and how they apply, as well as the general principles of security interest creation and specific issues that lenders taking IP as collateral need to understand and address, including after-acquired IP, tangible property relating to IP and IP agreements (e.g., license and escrow agreements) The types of agreements used for taking intellectual property as collateral ie. assignment agreements versus security agreements, the differences between such agreements and a detailed review of the content and form of a security agreement for intellectual property assets The purpose and procedure for the perfection of security interests in IP, as well as a review of the applicable laws, a discussion of what constitutes sufficient perfection and in which registry offices filings are necessary, through a review of recent case law How to navigate the challenging process of establishing priority in lending situations secured by IP where the priority rules of secured transactions and IP come into play A series of case studies to illustrate the potential outcomes when intellectual property and secured financing laws are called upon to resolve priority disputes The laws that apply to enforcement, how creditors can use relevant enforcement measures to help them maximize the value of intellectual property collateral and how a debtor's bankruptcy affects a lender's rights. SN - 9780433474098 T1 - Secured lending in intellectual property. TI - Secured lending in intellectual property. ER -