Patent as security in insolvency process: Problems and solutions

Zachariah, Nimmy Saira (2022) Patent as security in insolvency process: Problems and solutions. The Journal of World Intellectual Property, 25 (2). pp. 271-278. ISSN 17471796

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There are various ways by which a company can raise funds. The easiest is through debt financing, that is creating debt securities. When a debt is created, a security equivalent to the debt amount is given by the debtor as “collateral.” The “collateral” can either be a tangible or intangible asset. Tangible assets are those which could be perceived by senses while intangibles include intellectual property rights of a company. Usually, the documents of IP rights are used to create security interest. The created IP sometimes will be again used to create a pledge, in that case, the question as to who will have the authority of the property is still not clarified in Indian laws. The paper tries to cover international principles that could be applied such rule of perfection to cater to the development of a solution.

Item Type: Article
Keywords: Insolvency | Key topics | Patent | Security
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 11 Apr 2022 03:48
Last Modified: 07 Feb 2023 06:15
Official URL:
Additional Information: The data that support the findings of this study are available from the corresponding author upon reasonable request.


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