Jurisprudential study of the possibility of pledging an invention

Document Type : Research Paper

Authors

1 PhD Student in Private Law, Shahid Beheshti University, Tehran, Iran

2 Associate Professor, Department of International Trade Law and Intellectual Property Law and Cyberspace, Faculty of Law, Shahid Beheshti University, Tehran, Iran

10.22099/jls.2023.41020.4434

Abstract

One of the most common methods of financing is borrowing from banks and financial institutions, which the guarantee of loan repayment necessity, requires a security right for the lender in the borrower's property. due to the strategic importance of intellectual property rights, and especially inventions in obtaining credit, many countries have recognized its capacity as collateral. In this regard, it is necessary to study this approach in Iranian law, and this requires exploring the substantive issues of the mortgage contract in jurisprudence, ie the need for tangibility and the ability to possess the mortgaged property. thus: how can an invention be considered "tangible" and "possessable" and its mortgage be considered valid? Some authors have tried to place the invention in the category of intangible assets. however, restricting pledging examples in jurisprudence is based on benefits and are prohibited from expanding the scope of these examples. thus the other question is, how can patent rights be secured? In this paper, by descriptive-analytical method, it has been tried to investigate the nature of mortgage rules in terms of jurisprudence as to be mandatory or non mandatory, in order to examine the possibility of concluding a different collateral from the mortgage, and This, in turn, requires an analysis of the rules governing inventions in order to obtain a method for concluding this contract.

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References

"Bank Operating Loan" (2017) (Visited: 02/21/2021) Available at: https://www.bdc.ca/en/articles-tools/entrepreneur-toolkit/templates-business-guides/glossary/bank-operating-loan.
 
"Enterprise Mortgage-Floating Charge-All Asset Security" (2014) (Visited: 01/12/2021), Available at: https://www.prh.fi/en/yrityskiinnitykset/yleista.html
 
Erdenechimeg, Dashpuntsag (2016) "Using Intellectual Property as Collateral an International Experience and Mongolian Perspective", WIPO, pp 1-16.
 
"Intangible Assets" (2010) (Visited 2019/30/08) Available at: www.investopedia.com
 
Kramer, William J, Gerstein, Marshall, (2017) "Securitssation of Intellectual Property Assets in US Market", (Visited: 01/05/2018) Available at: www.ipo.org.
 
Nanayakkara, Tamara (2018) "Intangible Assets and Finance", Wipo Intellectual Property Organization, pp 1-36.
 
UNCITRAL Legislative Guide on Secured Transactions, Supplement on Security Rights in Intellectual Property, United Nations, New York, 2011.
 
UNCITRAL Model Law on Secured Transactions, Vienna, 2016.
World Intellectual Property Organization, (2014) "What is a Patent?" (Visited: 03/14/2021) Available at: https://www.wipo.int/patents/en/.
 

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