This document is a collateral assignment of intellectual property. It details the collateral assignment, the scope of the assignment, representations and warranties, default remedies, and all other aspects generally found in an assignment agreement.
Maryland Collateral Assignment of Intellectual Property
State:
Multi-State
Control #:
US-TC0713
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Word;
PDF;
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FAQ
IP assets such as trademarks, trade names, patents, and copyrights are being used to secure loans issued by banks and other lenders. In most situations, IP assets tend to act as ?credit enhancers? and are included in a portfolio of assets that serves as collateral.
Formally registering your work with the relevant copyright office provides substantial legal evidence of ownership. This is especially useful if legal disputes arise.
As a general rule, security interests in personal property, including intellectual property are governed by Article 9 of the Uniform Commercial Code (?UCC?). Under Article 9, a lender must file a UCC financing statement with the respective Secretary of State where the borrower resides.
As with other types of personal property, to perfect a security interest in intellectual property, a lender must not only document the interest in sufficient detail but also must record the appropriate documents with the proper governmental authority.
IP assignment agreements are contracts between a business and its personnel that transfer ownership of IP created by the personnel during their employment or engagement with the business. IP can include patents, trademarks, copyrights, and trade secrets.
Thereafter, to perfect the lien in California, the creditor must file a UCC-1 Financing Statement, which provides notice to third parties that the creditor has an interest in the personal property of the debtor.
Intellectual Property Liens means any lien, pledge, mortgage, deed of trust, security interest, option, or any other similar encumbrance.
Intellectual property rights can be transferred through a written agreement, such as a contract or assignment. The agreement should clearly state the details of the transfer, including the specific intellectual property rights being transferred, the parties involved, and any conditions or limitations.