Detailed Information on Publication Record
2018
Consensual Security Rights over Intellectual Property
KOUKAL, Pavel and Helena PULLMANNOVÁBasic information
Original name
Consensual Security Rights over Intellectual Property
Authors
KOUKAL, Pavel (203 Czech Republic, guarantor, belonging to the institution) and Helena PULLMANNOVÁ (203 Czech Republic, belonging to the institution)
Edition
The Lawyer Quarterly, 2018, 1805-8396
Other information
Language
English
Type of outcome
Článek v odborném periodiku
Field of Study
50501 Law
Country of publisher
Czech Republic
Confidentiality degree
není předmětem státního či obchodního tajemství
References:
RIV identification code
RIV/00216224:14220/18:00101334
Organization unit
Faculty of Law
Keywords in English
ntellectual property rights; consensual security rights; pledge; priorities of creditors; registration in the IP registries
Tags
Tags
International impact, Reviewed
Změněno: 10/7/2020 14:20, Mgr. Petra Georgala
Abstract
V originále
This paper focuses on the consensual security rights over the objects of intellectual property in the Czech Republic. The paper is based on the national report presented for the purpose of XX. Congress of the International Academy of Comparative Law (Japan, Fukuoka, 22–28 July 2018). In the first part of the paper, the authors describe the system of the intellectual property protection and explain the basic principles of the core systems of IP protection: copyrights, patents, trademarks and industrial designs. In the next part the authors define three most common methods of the security rights over the intangible assets: a pledge, transfer of a right as a security, and a prohibition of the alienation or the encumbrance of assets. The paper subsequently deals with the following issues: typical structure of the security transaction, mechanisms of evaluating the IP rights used as collateral, and requirements needed for the effectiveness of security rights. With this regard the authors distinguish between the effects of the security rights over non-registered rights such as copyright or unregistered designs, and security rights over registered trademarks, granted patents or registered industrial designs. Special attention is paid to the security rights over the business enterprise. The final part of the paper is aimed at the statistical analysis. The authors describe how frequent is the use of the consensual security rights in Czech legal practice and what are the usual costs related to the secured transactions over the intellectual property
Links
| GA17-19923S, research and development project |
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