(IN)Adequacy of Modes of Security Creation Recognised in India for Intellectual Property Credit Transactions

  • Dr. Lawwellman P

Abstract

Access to Finance is Crucial for Economic growth. Credit is one of the significant means to access finance for borrowers who are involved in varied economic activities. Availability of security asset considerably increases the possibility of gaining funds for a borrower as it secures by off-setting the credit risk and thereby prompts the lender to lend. Intellectual property is a set of intangible subject matters recognized as valuable asset in the commercial circles world over in the present day knowledge economy. Prospects of using intellectual property a security in a credit transaction can augment the interest of parties involved i.e. borrower as well as the lender. The modes of security creation presently recognised in india and the legal framework are scattered in various laws of 19th and 20th century covering brick and mortar assets of those years. The article reviews and examines whether those modes of security creation are adequate for facilitating security creation in intellectual property assets, keeping in view the fact that a separate treatment is for intellectual property may be justified and necessary as it has distinctive features when compared to other proprietary assets.

Published
2019-12-18
Section
Articles