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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