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Trade secrets as collateral: a US perspective

Scott J. Lebson
Journal of Intellectual Property Law & Practice.2007; 2: 726-728

The collateralization of IP rights has emerged from the fringes of intellectual asset management and is now a major driver of commercial decisions as to how an IP portfolio should be cultivated. • On account of their fixed and predictable format, statutory rights such as patents, trade marks, and copyrights have attracted most of the attention as means by which security is raised for a loan--but collateralization is not limited to such rights. • This analysis demonstrates how even an intangible right of uncertain duration and content may be collateralized, within the context of the interplay of US state and federal statutes and the guidance of case law.

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