Security interests in intellectual property: proposals for reform

Thomas, Sean

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.

Citation

Thomas, S. (2017). Security interests in intellectual property: proposals for reform. Legal Studies, 37(2), 214-247. https://doi.org/10.1111/lest.12135

• Journal Article Type: Article
• Acceptance Date: Apr 25, 2016
• Online Publication Date: Dec 4, 2016
• Publication Date: Jun 1, 2017
• Deposit Date: Apr 25, 2016
• Publicly Available Date: Dec 4, 2018
• Journal: Legal Studies
• Print ISSN: 0261-3875
• Electronic ISSN: 1748-121X
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 37
• Issue: 2
• Pages: 214-247
• DOI: https://doi.org/10.1111/lest.12135