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.
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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IP assets such as trademarks, trade names, patents, and copyrights are being used to secure loans issued by banks and other lenders. In most situations, IP assets tend to act as ?credit enhancers? and are included in a portfolio of assets that serves as collateral.
A perfected security interest is any secure interest in an asset that cannot be claimed by any other party. The interest is perfected by registering it with the appropriate statutory authority, so that it is made legally enforceable and any subsequent claim on that asset is given a junior status.
Below are the primary methods for perfecting a security interest: Filing a financing statement in the appropriate public office; Take or retain possession of the collateral; Obtain or retain control of the collateral over the collateral; or.
The Uniform Commercial Code defines intellectual property as ?general intangibles? in which a lender's security interest is perfected by the filing of a UCC-1 financing statement in the state where the borrower's principal place of business is located.
Where a security interest in an unregistered work can be perfected by filing a financing statement with the Secretary of State (under a state's version of Article 9 of the Uniform Commercial Code), a perfected security interest in a registered, copyrighted work must be recorded with the U.S. Copyright Office to perfect ...