Friday 29 February 2008

UNCITRAL guidelines on IP securitisation: the INTA's response

I have a copy of "Key Principles and Concerns Regarding Security Interests in Intellectual Property: the Perspective of Trademark Owners", this being a document submitted by the Security Interests Subcommittee of the Treaty Analysis Committee of the International Trademark Association (INTA) to the United Nations Commission on International Trade Law Working Group VI (Security Interests),21 February 2008. This document concludes:
"The intellectual property Annex to UNCITRAL’s Guide is a welcome opportunity for the global intellectual property community to address any unsatisfactory, ambiguous or contradictory provisions in the Guide that would negatively impact intellectual property owners, purchasers and licensees, as well as financiers who rely on intellectual property as collateral. We believe strongly that the Annex needs to provide specific recommendations on how intellectual property issues that arise in the context of commercial financing should be treated. It will not be sufficient, and the Annex will fail of its purpose, if it serves solely as an “issue-spotting” document but fails to provide real and effective guidance to the legislatures of enacting states".
If anyone would like to see this document, just email me here and I'll send it. If you have any content-related comments, contact Thilo C. Agthe (Chair, Security Interests Subcommittee, INTA).

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