Tennessee Collateral Assignment of Intellectual Property

State:
Multi-State
Control #:
US-TC0713
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Word; 
PDF; 
Rich Text
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Description

This document is a collateral assignment of intellectual property. It details the collateral assignment, the scope of the assignment, representations and warranties, default remedies, and all other aspects generally found in an assignment agreement.

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FAQ

Intellectual property rights can be transferred through a written agreement, such as a contract or assignment. The agreement should clearly state the details of the transfer, including the specific intellectual property rights being transferred, the parties involved, and any conditions or limitations.

An IP assignment is a transfer of ownership of an intellectual property right, such as a patent, trade mark or copyright, from one party (the assignor) to another party (the assignee). This infographic adds together the benefits, risks and the key elements of assignment agreements. Download Infographic.

As a result, asset-based lenders have turned to IP portfolios as another form of collateral to secure their loans. But while using IP as collateral can enhance the security of a loan, it presents banks, investors, and other lenders with unique challenges.

What are the main challenges facing businesses in terms of IP protection? The main challenges are registry issues, backlogs, delays in trademark and patent registration, lack of experts in patent claims drafting, the cost of protection, lack of awareness of IP rights among SMEs, and IP lawsuits.

Intellectual property refers to creations of the mind. It can be an invention (patent / utility model), a design (industrial design), a brand name (trademark, or a literary and artistic work (copyright).

The negative rights are the right to prevent others from doing something in the particular area. Patents give the holder the right to prevent others from making, using and selling the claimed invention. A copyright enables the holder to prevent others from making copies or performing the copyrighted work.

Intellectual property infringement can also happen through trademark counterfeiting and copyright piracy. This can even threaten the general public. For instance, counterfeit medication can post a health risk to consumers. For these reasons, it is important to place importance on intellectual property rights issues.

For instance, uncertainty over the legal enforceability of IP rights, technology transfer, IP validity and valuation of IP assets are the main obstacles to using IP as collateral.

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Tennessee Collateral Assignment of Intellectual Property