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 Oregon 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 protects the rights and interests of individuals or businesses in Oregon regarding their intellectual property assets. This agreement is designed to provide security for both the intellectual property owner and potential lenders or investors by establishing a legally recognized record of ownership and granting rights to the secured party in the event of default or non-payment. In the state of Oregon, there are several types of Intellectual Property Security Agreements for Recording available: 1. Oregon Intellectual Property Security Agreement for Recording Trademarks: This type of agreement specifically deals with trademark assets, which are used to protect brands, logos, slogans, or any other distinctive marks associated with a business. 2. Oregon Intellectual Property Security Agreement for Recording Patents: This agreement pertains to assets related to patented inventions or processes. It ensures that the patent holder has the exclusive rights to use, sell, or license the patented technology while providing security to lenders or investors. 3. Oregon Intellectual Property Security Agreement for Recording Copyrights: Copyright protection covers original creative works such as music, literature, art, or software code. This type of agreement safeguards the rights of creators and allows them to secure loans or investments using their copyrighted assets. These agreements are filed with the U.S. Patent and Trademark Office and the United States Copyright Office to establish priority, put potential creditors on notice, and record the details of the security interests. By officially recording the agreement, it becomes publicly accessible, providing transparency and ensuring the integrity of the intellectual property rights. The Oregon Intellectual Property Security Agreement for Recording offers numerous benefits to both parties involved. For the intellectual property owner, it allows them to utilize their assets to secure financing, expand their business operations, or attract investments. On the other hand, lenders or investors can confidently provide financial support, knowing that their interest in the intellectual property is officially recognized and legally enforceable. Whether you are an individual or a business in Oregon, protecting your intellectual property rights is crucial to safeguarding your creative works or unique ideas. The Oregon Intellectual Property Security Agreement for Recording with the U.S. Patent and Trademark Office and the United States Copyright Office provides the necessary legal framework to achieve this, granting security, enforcing compliance, and ensuring the smooth transactions pertaining to intellectual property assets.
