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Security interests in intellectual property: proposals for reform

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JournalLegal Studies
DatePublished - 1 Jun 2017
Issue number2
Volume37
Number of pages34
Pages (from-to)214-247
Original languageEnglish

Abstract

This paper considers some of the difficulties arising from how English law conceptualises certain types of security interests over IPRs, and the problems arising from dual registration systems. This analysis is informed by a critical comparison of the current English doctrine, alongside the US system and the proposals from UNCITRAL. It is argued that attempts to regulate a world of integrated goods (whereby goods and software are inextricably interconnected), through unintegrated regimes of legal governance of security interests over goods and IPRs, is unsustainable. It will thus be argued that reform of security interest law generally (to bring about a functional system of security) and a single register for security interests whether over goods or IPRs is necessary. Specific recommendations to deal with problems concerning purchase money security interests, and third-party purchasers, are put forward.

Bibliographical note

Cited in Scottish Law Commission, Report on Moveable Transactions (Scot Law Com 249, 2017), vol 2, paras 22.42 (‘There may be much to be said for more radical reform [citing article].’), 22.53

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