Perfecting Security Interests in Intellectual Property: Article 9, Federal IP Statutes, and Foreign Laws

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Wednesday, September 23, 2020

Recorded event now available

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Program Materials

This CLE webinar will discuss how IP attorneys can perfect security interests in intellectual property under UCC Article 9. The panel will explain the intricacies of overlapping federal IP statutes impacting IP security interests, outline best practices for drafting the IP security agreement, and briefly review foreign laws applicable to U.S. companies holding foreign IP assets.

Description

Intellectual property assets are an essential financing tool for lenders and IP holders to monetize their assets. These assets can be collateral for a loan, and IP assets with predictable cash flow can be pooled into asset-based securities. UCC Article 9 and U.S. patent, trademark, and copyright laws all apply. The rules governing perfection, securitization, and foreclosure of IP interests are more complex than perfecting interests in other property.

U.S. companies holding foreign IP or foreign companies holding U.S. IP assets must also navigate applicable foreign laws in addition to U.S. statutes to determine the appropriate means of perfecting security interests.

Listen as our authoritative panel of practitioners informs you about the perfection of security interests in intellectual property under UCC Article 9 and overlapping federal IP laws impacting the perfection of IP interests. The panel will also provide best practices for drafting the IP security agreement.

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Outline

  1. Overview of Article 9 for perfection or securitization of IP assets
  2. Rules for perfecting security interests
    1. Copyrights
    2. Trademarks
    3. Patents
  3. Foreign law overview
  4. Drafting the IP security agreement

Benefits

The panel will review these and other key issues:

  • Article 9 rules for perfecting security interests in IP
  • Best practices for drafting IP security agreements
  • Federal IP statutes impacting the perfection of security interests

Faculty

Rhebergen, Constance
Constance G. Rhebergen

Partner
Bracewell

Ms. Rhebergen represents business clients in the identification, protection, licensing and transfer of intellectual...  |  Read More

Vermut, Richard
Richard S. Vermut

Partner
Driver, McAfee, Hawthorne & Diebenow

Mr. Vermut practices exclusively in the area of information technology law and intellectual property law. His...  |  Read More

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