IP rights are frequently used as security to enable financing of business ventures. However how does this work out for th different countries? What are the effects on third parties like banks and financial institutions? One of the essential characteristics of IP rights – and economically important – is their ability to be used commercially by assignment or licensing.
32 National groups, mostly consisting of IP practitioners and scholars, have prepared their national reports, answering several questions on how assignments in their respective countries work. For the results go to www.aippi.org, follow “Questions and Committees“, then under “The scientific work of AIPPI, click “working committees”, and look for Q190 (“Contracts regarding Intellectual Property Rights (assignments and licenses) and third parties”), click “Q190, then follow “Group Reports“.
For a recent decision in The Netherlands on this subject (District Court Utrecht, 30 November 2005, IER 2006, 24 with a Note of Severin de Wit (full text in Dutch can be found at www.kluwer.nl (subscription required):