"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...The scope of this second edition has been significantly expanded and revised to include the extensive number of decisions that have been released since 2006 as well as a more comprehensive review of the 2009 amendments to the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act that relate to intellectual property."-- Résumé de l'éditeur.
The overall objective of the UNCITRAL Legislative Guide on Secured Transactions (the Guide) is to promote low-cost credit by enhancing the availability of secured credit. In line with this objective, the Supplement on Security Rights in Intellectual Property (the Supplement) is intended to make credit more available and at a lower cost to intellectual property owners and other intellectual property rights holders, thus enhancing the value of intellectual property rights as security for credit. The Supplement, however, seeks to achieve that objective without interfering with fundamental policies of law relating to intellectual property.
Most readers, especially those with car loans or home mortgages, know about "collateral"--property that the lender can take away from the borrower in the event that the borrower defaults. In low/middle income countries, it is understood that conservative lenders exclude firms from credit markets with their excessive collateral requirements. Usually, this is because only some property is acceptable as collateral: large holdings of urban real estate and, sometimes, new motor vehicles. Microenterprises, SMEs, and the poor have little of this property but they do have an array of productive assets that could easily be harnessed to serve as collateral. It is only the legal framework which prevents firms from using these assets to secure loans. In countries with reformed laws governing collateral, property such as equipment, inventory, accounts receivable, livestock are considered excellent collateral. This book aims to better equip project managers to implement reforms to the legal and institutional framework for collateral (secured transactions). It discusses the importance of movable property as a source of collateral for firms, the relationship between the legal framework governing movable assets and the financial sector consequences for firms (better loan terms, increased access, more competitive financial sector), and how reforms can be put in place to change the lending environment.
For 20 years, Asset-Based Lending: A Practical Guide to Secured Financing has been a model of clear, sensible, step-by-step coverage of the techniques, documents, risks, and protections at the heart of this complex specialty.
The "Model Law" deals with security interests in all types of tangible and intangible movable property, such as goods, receivables, bank accounts, negotiable instruments, negotiable documents,
The Global Innovation Index 2020 provides detailed metrics about the innovation performance of 131 countries and economies around the world. Its 80 indicators explore a broad vision of innovation, including political environment, education, infrastructure and business sophistication. The 2020 edition sheds light on the state of innovation financing by investigating the evolution of financing mechanisms for entrepreneurs and other innovators, and by pointing to progress and remaining challenges – including in the context of the economic slowdown induced by the coronavirus disease (COVID-19) crisis.
Many companies that have become household names have avoided billions in taxes by 'parking' their valuable intellectual property (IP) assets in holding companies located in tax-favored jurisdictions. In the United States, for example, many domestic companies have moved their IP to tax-favored states such as Delaware or Nevada, while multinational companies have done the same by setting up foreign subsidiaries in Ireland, Singapore, Switzerland, and the Netherlands. In this illuminating work, tax scholar Jeffrey A. Maine teams up with IP expert Xuan-Thao Nguyen to explain how the use of these IP holding companies has become economically unjustified and socially unacceptable, and how numerous calls for change have been made. This book should be read by anyone interested in how corporations - including Gore-Tex, Victoria's Secret, Sherwin-Williams, Toys-R-Us, Apple, Microsoft, and Uber - have avoided tax liability with IP holding companies and how different constituencies are working to stop them.
Master's Thesis from the year 2005 in the subject Business economics - Banking, Stock Exchanges, Insurance, Accounting, grade: Excellent 'A', Frankfurt School of Finance & Management, language: English, abstract: This thesis is designed to introduce securitization of IP rights as an alternative instrument in the corporate funding process. It is set up in a way that the corporate treasury, which has the responsibility for a diversified and economically optimized liability side and hence has a natural interest in new funding alternatives, can get an understanding for the instrument as such. Moreover, a treasurer shall be enabled to assess whether the balance sheet of his company comprises IP assets that have the potential to serve as collateral for a securitization. In case this asset identification process leads to positive results, the thesis additionally points out the crucial issues that have to be faced and analyzed before structuring this type of transaction. Although primarily focused on the corporate treasury’s needs, this thesis also gives other interested readers a holistic view of risks, benefits and economic impacts of an IP backed securitization. To fully understand the whole concept, perspectives need to be switched from time to time, e.g. to understand rating agencies’ or investors’ concerns which in turns lead to certain structuring issues for the originator. [...] This paper is structured in a way that allows readers to put themselves into the position of a corporate treasurer and to understand all associated issues of IP securitization in a target oriented order. Hence, before taking a closer look at IP and securitization in general, it is crucial to discuss the challenges in the corporate treasury’s daily work in section 2. As the respective asset class is the key to the understanding of its securitization, section 3 clarifies basics of IP and introduces its different forms. This is of special importance as IP is characterized by an extreme heterogeneity of the different asset types which makes one of the prime differences compared to traditional securitization. Section 4 analyzes how and to what extent securitization of IP can be and has been applied in practise so far. Existing transactions are used to derive the issues that earn most attention and decide over a transaction’s success. In that context, the knowledge of the market is an essential and indispensable source of information as most originators of IP backed transactions treat their deals highly confidential and research on available secondary literature shows poor results. Having set the scene, the following sections concentrate on the corporate treasurer’s perspective. [...]
