Security interests in intellectual property: proposals for reform

TY - JOUR

T1 - Security interests in intellectual property

T2 - proposals for reform

AU - Thomas, Sean Rhys

N1 - 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

PY - 2017/6/1

Y1 - 2017/6/1

N2 - 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.

AB - 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.

UR - http://www.scopus.com/inward/record.url?scp=85006337154&partnerID=8YFLogxK

U2 - 10.1111/lest.12135

DO - 10.1111/lest.12135

M3 - Article

AN - SCOPUS:85006337154

SN - 0261-3875

VL - 37

SP - 214

EP - 247

JO - Legal Studies

JF - Legal Studies

IS - 2

ER -