Separate security interest in IPR?

26.11.2010

Partner in Grette, Astri M. Lund, is commissioned by the Ministry of Justice to consider the question whether to allow the creation of separate security interests in intellectual property rights. She has also been asked to draft a proposal for legislation that covers at least the rights that may be registered in an intellectual property register.

At present, security interests may only be created in IPR which forms part of the equipment of a business, and only all of the equipment of a business may be used as security, not only individual assets. The mandate refers to the arrival in recent years of many types of businesses the principal assets of which relate to intellectual property, stating that there is a need to examine whether the legislation relating to secured transactions may be adjusted in a manner that is better suited for these enterprises. This will concern for instance businesses dealing with computer programming and the biotech industry and other industries that are in the business of developing technology.