Security Rights in Intellectual Property in Finland

Research output: Chapter in Book/Report/Conference proceedingChapterScientific

Abstract

Finnish law provides for the registrable pledges of patents, trademarks and other registrable intellectual property rights. This part of the legal framework is, by and large, adequate, so that one can reliably obtain fully effective security rights over these types of intellectual property rights. However, statistical data from the Finnish Patent and Registration Office shows that this opportunity is quite rarely used. In turn, copyright and other intellectual property rights that are not registrable under Finnish law are problematic in terms of achieving third-party effectiveness. Solutions proposed in legal literature, such as accepting security transfers of copyright as effective against third parties without any form of publicity, remain disputed and uncertain. Indeed, the most common way of using intellectual property rights as security under Finnish law is through the enterprise mortgage. Enterprise mortgages are frequently used (although often as a supplementary security, due to their limited priority) and they cover all types of intellectual property rights.
Original languageEnglish
Title of host publicationSecurity Rights in Intellectual Property
EditorsEva-Maria Kieninger
Number of pages20
Place of PublicationCham
PublisherSpringer Nature Switzerland
Publication date2020
Pages353–372
ISBN (Print)978-3-030-44190-6
ISBN (Electronic)978-3-030-44191-3
DOIs
Publication statusPublished - 2020
Externally publishedYes
MoE publication typeB2 Book chapter

Publication series

NameIus Comparatum – Global Studies in Comparative Law
PublisherSpringer Nature
Volume45
ISSN (Print)2214-6881
ISSN (Electronic)2214-689X

Fields of Science

  • 513 Law

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