A Comparative Study of the Right of Pledge over Intellectual Property in the UNCITRAL Model Law on Secured Transactions and Iranian Law مقالة

عنوان اصلی: مطالعه تطبیقی حق وثیقه بر مال فکری در قانون نمونه معاملات با حق وثیقه آنسیترال و حقوق ایران

مطالعات حقوق تطبیقی معاصر زمستان 1400 - شماره 25 التصنيف: ب/ISC (‎28 صفحة - من 1 إلی 28 )

الکلمات المفتاحية: Satisfaction breach Conditional right pledge agreement Obligation to be secured

خلاصة:

Under UNCITRAL model, law on secured transaction creation security right against intellectual property has been allowed. References in the model law to intellectual property are to be understood as references to intellectual property rights of an owner of intellectual property. The essence of the rights of an owner is the right to transfer its intellectual property, the right to prevent unauthorized use of its intellectual property and to pursue infringers, the right to register intellectual property and renew registrations, the right to authorize others to use or exploit the intellectual property and the right to collect royalties. Security right arises from security agreement. Under security right, owner of intellectual property provides these rights to secure an obligation. Although all intellectual property rights have a financial value and can be secured from the point of view of the model law, this law provides for two types of rights that have commercial and economic value, including the right to transfer intellectual property and the right to authorize others to use or exploit the intellectual property. It becomes intellectual property to third parties. There is no method in Iranian law similar to the method of the UNCITRAL Model Law for the authentication of intellectual property. It seems that the rules of the UNCITRAL Model Law can be used to legislate in Iranian law.

ملخص الجهاز:

The issue of the present research is: what is the nature of the security right in intellectual property as an instance of intangible and immaterial assets in the UNCITRAL Model Law on Secured Transactions? The objective of the present research is to study how a security right in intellectual property is created and its effects in the UNCITRAL Model Law, so that clear rules can be provided for legislation in Iranian law. According to paragraph 2 of Article 6 of the Model Law, a security right can even be created over future intellectual property. " In subparagraph number 14 of Article 2 of the Model Law, in the definition of a future asset 46, it is stated as follows: "A future asset means a movable asset that does not exist at the time of the conclusion of the security agreement, or if it does exist, the grantor does not have the right or the option to create a security right over it. The exception to this rule in paragraph 6 of Article 34 of the model law is stated as follows: "If a licensing agreement is concluded regarding a property subject to an intellectual security right, and this agreement is interpretable according to customary commercial practice, the rights of the licensee will not be affected by the security right, provided that at the time of concluding the licensing agreement, the licensee does not have actual knowledge that they are infringing upon the security interest holder's rights". 1. The right of the secured creditor to take possession of documents related to intellectual property Article 77 of the Model Law, titled "Right of the secured creditor to obtain possession of an encumbered asset" 62, is formulated in 4 paragraphs.

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