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Papers presented at the UNCITRAL Second International Colloquium on Secured Transactions: Security Interests in Intellectual Property Rights, 18-19 January 2007, Vienna


Setting the stage: economic background and intellectual property financing needs and practices

David Vaver Introducing the issues.
Neil Cohen General commercial and economic background to lending on tangibles and intangibles, specifically IP.
Richard Kohn The increasing importance of IP in financing transactions. -- (Hypothetical case.)
Willem Grosheide The possible interaction of the UNCITRAL drafts with European proposals on security interests.
Ad Hoc Working Group Report and Analysis of the Ad Hoc Working Group On Intellectual Property Financing regarding the UNCITRAL Draft Legislative Guide on Secured Transactions

Summary of the UNCITRAL draft Legislative Guide on Secured Transactions

Ulrich Drobnig Chapters I - III: Key objectives, Scope of application and Basic approaches to security.
Catherine Walsh Chapters IV - V: Creation and Third-party effectiveness.
Harry Sigman Chapter VI: Registration.
Catherine Walsh Chapters VII: Priority.
Harry Sigman Chapters VIII-IX: Rights and obligations of the parties and Rights of third-party obligors
Madhukar Rangnath Umarji Chapters X - XI: Default and Enforcement, and Insolvency.
Additional Documents.
Ulrich Drobnig Chapter XII: Acquisition financing devices.
Catherine Walsh Chapter XIII: Conflict of Laws.

Trademarks as collateral

Jeremy Phillips Introduction to trademarks as collateral (including nature of asset, relevant terminology and examples of financing transactions).
Thilo Agthe Creation (effectiveness between the parties) of a security right in a trademark.
Oscar Alcantara Third-party effectiveness and priority of a security right in a trademark.
Chris Forsyth Enforcement remedies (including in the case of insolvency) of a security right in a trademark, and third-party (e.g. licensor and licensee) rights.
Michel Deschamps Applicable law issues.
Alexander von Mühlendahl Community trademarks.

Patents as collateral

Robert Bauer Introduction to the use of patents as collateral, relevant international patent treaties and practices, and creation and registration of security interests in patents.
Steve Weise Priority, effect of security interests on third parties, and applicable law issues.
Nguyen Xuan-Thao Collateralizing patents: debtor's and third party's rights.
Steen Klein Enforcement remedies in particular in the case of insolvency.
Laurent Manderieux Introducing the Issues.

Copyrights as collateral

Thomas Dreier Introduction of copyright (copyrighted works and industries concerned), and creation (description of the object that might serve as collateral, and restricted transferability of author's rights)
Catherine Walsh Applicable law issues.
Lorin Brennan Third-party effectiveness and priority.
Michael von Wolkenstein Movie financing.
Leianne Crittenden Third-party (e.g licensor and licensee) rights, and enforcement remedies (including in the case of insolvency).

Other categories of intellectual property as collateral (e.g. trade secrets, industrial designs, etc.)

Justin Basara Examples of practices.
Paul Seiler Trade secrets and non-traditional categories of intellectual property.
Kiriakoula Hatzikiriakos Presentation.
Trade Secrets and Non-Traditional IP Rights.

Conclusions

Ben Goodger Summary of colloquium.
Michel Deschamps Creation and applicable law issues.
Ed Smith Third-party effectiveness and priority and enforcement remedies