Journal of Intellectual Property Rights

Ahmar Afaq ¹, Rupal Chhaya ²

Affiliations
1 Symbiosis Law School, Nagpur, Symbiosis International (Deemed University) Pune, Maharashtra,, IN
2 Symbiosis Law School, Hyderabad, Symbiosis International (Deemed University) Pune, Maharashtra,, IN

Abstract

Capital has been a major cause of concern amongst entrepreneurs across the globe. Not everyone enters the professional setting with a bag full of money, neither did the Ambani’s nor did the TATA group. It was not just investments into fruitbearing funds but also loans that have made them superpowers in the market, today. A loan requires one to offer collateral against the principal amount, this collateral is often referred to as security in common parlance. We most often offer tangible assets such as gold, land, car, etc. as security, however, can an intangible asset such as intellectual property also be offered as bank security? This question is dealt with at length by the authors while discussing the legal discourse in India and other developed countries.The authors have collected insights from theearlier cases where intellectual property was offered as security (more specifically as collateral) and analyzed its legal implications in the long run.

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Asna Ahmed ¹, Ahmar Afaq ², Rupal Chhaya ³

Affiliations
1 Villa College, Ruhkendiya Hingun, Male, North Central Province,, MV
2 Symbiosis Law School, Nagpur, Symbiosis International (Deemed UniversityPune) – 440 008,, IN
3 Symbiosis Law School, Hyderabad, Symbiosis International (Deemed UniversityPune) – 500 026,, IN

Abstract

The present study shall assess the various modes and kinds of investments in the recent past and how the investment in intangibles has witnessed growth in the recent decade. This doctrinal study found that Intellectual Property Rights (IPR) as an investment has been in use since the late 1900s in various international agreements, apart from the traditional methods of investment in IPR such as, licensing, assignment, and securitization. Though, some countries do not have legislations to deal with the traditional methods of investment, International Investment Agreements (IIAs) have been a driving force for the investments in IPR. Since the advent of such an agreement, countries have always mentioned IP protection as an essential clause. However, the differing laws of the countries paved the way for varied definitions and kinds of IP protection. It has been found from the existing literature that at the present, most IIAs have emphasized investor protection priority over IP protection which also forms an essential part of the agreement. This requires that there be adequate laws to supplement the agreements at both the domestic and international levels. The IP forming the heart of the agreement should be given priority in terms of protection coupled with adequate redressal mechanisms.

Keywords

Investment, International Investment Agreements, License, Assignment, Franchise, Intangible Investment, International Centre for Settlement of Investment Disputes.

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