“Once we reach the point where involved parties are well-versed and legislative change empowers them, it will be akin to the time when powered flight broke the sound barrier – in essence, innovation at a supersonic pace.
The rise of technology and intangible-based companies will be reshaping the lending environment in the years to come. Greater harmony between intellectual property, secured lending and bankruptcy/insolvency laws will facilitate transactions and help foster innovation.”
This is the closing thought of the new edition of my book. The second edition explores the legal and commercial challenges of secured lending in copyrights, patents, trademarks, trade secrets and domain names, in Canada and in the U.S.
Two notable features:
a section on intellectual property valuation from Weston Anson and Jeff Anderson of Consor, a market-based consulting firm specializing in intellectual property, with its headquarters in California and offices in New York, Germany and London, England; and
a chapter on Security Interests in Intellectual Property under the Model Law on Secured Transactions from Spyridon Bazinas, former Senior Legal Officer, International Trade Law Division, Office of Legal Affairs (which serves as the Secretariat of UNCITRAL) and current visiting Professor at the University of Vienna Law School (Juridicum).
Both lenders and borrowers can benefit from the practical guidance the book offers to leverage the value of intellectual property. Beyond that, legislative authorities can find inspiration for reform to intellectual property, secured lending and insolvency laws to further empower parties to engage in lending transactions with intellectual property collateral.
