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This book discusses the main legal and economic challenges to the
creation and enforcement of security rights in intellectual
property and explores possible avenues of reform, such as more
specific rules for security in IP rights and better coordination
between intellectual property law and secured transactions law. In
the context of business financing, intellectual property rights are
still only reluctantly used as collateral, and on a small scale. If
they are used at all, it is mostly done in the form of a floating
charge or some other "all-asset" security right. The only sector in
which security rights in intellectual property play a major role,
at least in some jurisdictions, is the financing of movies. On the
other hand, it is virtually undisputed that security rights in
intellectual property could be economically valuable, or even
crucial, for small and medium-sized enterprises - especially for
start-ups, which are often very innovative and creative, but have
limited access to corporate financing and must rely on capital
markets (securitization, capital market). Therefore, they need to
secure bank loans, yet lack their own traditional collateral, such
as land.
This book discusses the main legal and economic challenges to the
creation and enforcement of security rights in intellectual
property and explores possible avenues of reform, such as more
specific rules for security in IP rights and better coordination
between intellectual property law and secured transactions law. In
the context of business financing, intellectual property rights are
still only reluctantly used as collateral, and on a small scale. If
they are used at all, it is mostly done in the form of a floating
charge or some other "all-asset" security right. The only sector in
which security rights in intellectual property play a major role,
at least in some jurisdictions, is the financing of movies. On the
other hand, it is virtually undisputed that security rights in
intellectual property could be economically valuable, or even
crucial, for small and medium-sized enterprises - especially for
start-ups, which are often very innovative and creative, but have
limited access to corporate financing and must rely on capital
markets (securitization, capital market). Therefore, they need to
secure bank loans, yet lack their own traditional collateral, such
as land.
This volume containsthe reports and discussions presented at the
conference "The Future of Secured Credit in Europe" in Munich from
July 12th to July 14th, 2007. It aims at taking the debate to a new
stage by exploring the need and possible avenues for creating a
European law of security interests. The first part examines - from
an economic and a community law perspective - the case for European
lawmaking on secured credit and the legislative approach to be
taken. The intention in the second and third part is to look in
more detail at the choices European lawmakers will have to make in
devising a European law of secured credit. The second part focuses
on secured transactions involving corporeal movables (tangibles),
whereas the third part considers categories of collateral that may
require special rules.
For every transnational lawyer, it is vital to know the differences
between national secured transactions laws. Since the applicable
law is determined by the place where the collateral is situated, it
may change when movables are brought from one state to another.
Introductory essays from comparative lawyers set the scene. The
book then presents a survey of the law relating to secured
transactions in the member states of the European Union. Following
the Common Core approach, the national reports are centred around
fifteen hypothetical cases dealing with the most important issues
of secured transactions law, such as the creation of security
rights in different business situations, the relationship between
debtor and secured creditor, the nature of the creditor's rights
and their enforcement as against third parties. each case is
followed by a comparative summary. A general report evaluates the
possibilities of European harmonisation in the field of secured
transactions law.
Over the course of the last few decades, the European legislature
has adopted a total of 18 Regulations in the area of private
international law, including civil procedure. The resulting
substantial legislative unification has been described as the first
true 'Europeanisation' of private international law, and even as a
kind of 'European Choice of Law Revolution'. However, it remains
largely unclear whether the far-reaching unification of the 'law on
the books' has turned private international law into a truly
European 'law in action': To what extent is European private
international law actually based on uniform European rules common
to all Member States, rather than on state treaties or instruments
of enhanced cooperation? Is the manner in which academics and
practitioners analyse and interpret European private international
law really different from previously existing domestic approaches
to private international law? Or, rather, is the actual application
and interpretation of European private international law still
influenced, or even dominated, by national legal traditions,
leading to a re-fragmentation of a supposedly uniform body of
law?In bringing together academics from all over Europe, How
European is European Private International Law? sets out to answer
for the first time these crucial and interrelated questions. It
sheds light on the conspicuous lack of 'Europeanness' currently
symptomatic of European private international law and discusses how
this body of law can become truly European in character in the
future.
For every transnational lawyer, it is vital to know the differences
between national secured transactions laws. Since the applicable
law is determined by the place where the collateral is situated, it
may change when movables are brought from one state to another.
Introductory essays from comparative lawyers set the scene. The
book then presents a survey of the law relating to secured
transactions in the member states of the European Union. Following
the Common Core approach, the national reports are centred around
fifteen hypothetical cases dealing with the most important issues
of secured transactions law, such as the creation of security
rights in different business situations, the relationship between
debtor and secured creditor, the nature of the creditor's rights
and their enforcement as against third parties. each case is
followed by a comparative summary. A general report evaluates the
possibilities of European harmonisation in the field of secured
transactions law.
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