Uniform Commercial Code §9-102 includes intellectual property within the definition of "general intangibles." Generally a lender's security in general intangibles is perfected by the filing of a UCC-1 financing statement in the state where the borrower's principal place of business is located. It should be noted, however, that UCC §9-311 provides an exception when the intellectual property rights are governed by federal statutes, regulations, or treaties, federal procedures take precedence. Thus, patents, federally protected trademarks and copyrights are ultimately governed by these federal laws and regulations.
Perfecting security interests in patents, trademarks, copyrights, and domain names all have different requirements and to complicate matters, there are inconsistencies in court rulings and regular changes in the applicable law. To be safe, it may be preferable for the owner and secured party to make sure the security interest in the intellectual property right is perfected by the filing of a UCC-1 financing statement in the state where the borrower's principal place of business is located as well as taking the necessary steps to perfect the security interest in the U.S. Patent and Trademark Office, and/or the United States Copyright Office, whichever is applicable.
The New Hampshire Intellectual Property Security Agreement for Recording with the U.S. Patent and Trademark Office and the United States Copyright Office is a legally binding document that helps protect intellectual property rights in the state of New Hampshire. This agreement allows individuals or businesses to secure their rights to their creative works, inventions, and trademarks by recording them with the appropriate federal agencies. When it comes to intellectual property, there are two main types of agreements that can be used in New Hampshire: the Security Agreement for Recording with the U.S. Patent and Trademark Office and the Security Agreement for Recording with the United States Copyright Office. The Security Agreement for Recording with the U.S. Patent and Trademark Office is utilized when individuals or businesses want to secure their rights to inventions, patents, or trademarks. By recording this agreement with the U.S. Patent and Trademark Office, the owner can establish a public record of their ownership and prevent potential infringement or unauthorized use of their intellectual property. On the other hand, the Security Agreement for Recording with the United States Copyright Office is specifically designed for protecting copyrights. Copyright provides exclusive rights to the creators of original works, such as literary, musical, artistic, and other intellectual creations. By recording the Security Agreement with the United States Copyright Office, creators or copyright owners can establish proof of their copyright ownership and recourse in case of infringement. By utilizing these agreements, individuals and businesses in New Hampshire can ensure that their intellectual property rights are safeguarded and recognized by the respective federal agencies. This provides a legal framework for resolving disputes, claiming ownership, and seeking appropriate remedies in case of infringement. Overall, New Hampshire Intellectual Property Security Agreements for Recording with the U.S. Patent and Trademark Office and the United States Copyright Office serves as crucial tools for individuals and businesses to protect their intellectual property rights and establish ownership in the ever-evolving world of innovative creations.
