Using IP as Collateral: Locking "Trap Doors" and Other Advanced IP Issues
Created on March 02, 2021
Intellectual Property continues to develop as a means for securing financing. But unlike real estate, inventory, or other tangible assets, IP can easily be assigned away from a borrower at the stroke of a pen. Indeed, because IP is an intangible asset, it presents unique challenges and risks, including its dual governance by state and federal law of secured transactions.
This course, presented by Barbara Goodstein, a partner in Mayer Brown's finance practice, and Richard Assmus, a partner in Mayer Brown's IP practice, reviews common issues that arise when IP is contemplated for use as collateral, and offers teaching points based on recent attempts by borrowers to transfer IP out of the reach of a creditor's rights.
This program will benefit both IP and finance lawyers, and lawyers for both secured parties and borrowers.
- Assess the ways that businesses can use IP as collateral in financing deals, and the unique risks presented by this arrangement
- Discuss how borrowers can defeat a creditor's secured interests in IP
- Identify best practices for structuring deals with IP collateral agreements in a way that protects against IP leakage
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