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Journal of Intellectual Property Law & Practice Advance Access published online on June 11, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp092
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© The Author (2009). Published by Oxford University Press. All rights reserved.

Securitization of patents and trade marks: the Polish perspective on a comparative background

Lukasz Zelechowski*
Legal context: This article examines legal issues of securitization of patents and trade marks in Poland. The security right, which can be established in Poland in this case, is—as in many continental jurisdictions—the pledge. The author aims to present the topic against a comparative background and refers to other continental jurisdictions, mainly Germany and France, as well as to the UNCITRAL Legislative Guide on Secured Transactions and Annex to the Guide dealing with security interests in IP.

Key points: The article discusses specific problems that arise in relation to registrable IPRs as objects of securitization. Patents and trade marks were chosen as the most representative of this category. Copyright, which is not registrable in Poland, is left outside the scope of the article. Two issues, which seem to be of major importance, are examined in more depth. First, this is the status of registrable IPRs as objects of securitization. Special focus is given to securitization of patent and trade mark applications. The second issue is the process of securitization of registrable IPRs, including the role of IPR registers in this process.

Practical significance: The legal framework pertaining to securitization of IPRs in Poland has, as in many jurisdictions, certain deficiencies. The article seeks to offer solutions to problematic issues under current law. Special attention is given to recent legislative changes in Polish law, which relate to securitization of patents and trade marks. The article also contains some general thoughts concerning the role of IPR registers in securitization of IP and their relations with general registers of security rights in the light of Polish law and the UNCITRAL Legislative Guide on Secured Transactions.

Correspondence: * Senior associate at LDS Lazewski Depo & Partners in Warsaw and PhD candidate, Warsaw University, Faculty of Law and Administration. Email: l.zelechowski{at}wpia.uw.edu.pl or lukasz.zelechowski{at}lds-ip.pl


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