Security interests in intellectual property: proposals for reform

Thomas, Sean

doi:10.1111/lest.12135

Security interests in intellectual property: proposals for reform

Thomas, Sean

Authors

Sean Thomas

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

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This is the accepted version of the following article: Thomas, Sean (2017). Security interests in intellectual property: proposals for reform. Legal Studies, 37(2): 214-247, which has been published in final form at https://doi.org/10.1111/lest.12135. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.