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 Jersey Intellectual Property Security Agreement for Recording with the U.S. Patent and Trademark Office (USPTO) and the United States Copyright Office is a legal document that provides a framework for the recording and protection of intellectual property (IP) rights in the state of New Jersey. This agreement ensures that the ownership, rights, and interests of the intellectual property are properly documented and secured. Keywords: New Jersey, Intellectual Property Security Agreement, Recording, U.S. Patent and Trademark Office, United States Copyright Office, IP rights, ownership, rights, interests, secured. There are primarily two types of Intellectual Property Security Agreements relevant to New Jersey. These include: 1. New Jersey Intellectual Property Security Agreement for Recording with the U.S. Patent and Trademark Office: This agreement specifically focuses on securing intellectual property rights related to patents and trademarks in New Jersey. It ensures that the registered patents and trademarks are properly recorded with the USPTO, providing legal protection and rights to the inventors or owners. Keywords: Patents, Trademarks, USPTO, recording, legal protection, inventors, owners. 2. New Jersey Intellectual Property Security Agreement for Recording with the United States Copyright Office: This agreement is designed to protect intellectual property rights associated with copyrightable works, such as literary, musical, and artistic creations. By recording these rights with the United States Copyright Office, copyright owners can establish a public record of their ownership, allowing them to enforce their exclusive rights and prevent unauthorized use or infringement. Keywords: Copyright, copyrightable works, literary, musical, artistic creations, United States Copyright Office, ownership, exclusive rights, infringement. Both types of agreements aim to provide a robust legal framework for the recording and protection of intellectual property rights in New Jersey, ensuring that inventors, creators, and owners have the means to safeguard their valuable assets.
