| Abstract [eng] |
Although intellectual property value can be very high, due to the inflexibility of the banking sector, financing based on the pledge of intellectual property rights is underdeveloped in almost all countries of the world due to understandable creditors need to avoid the risks. For this reason, the aim of this work is to identify and investigate the problems associated with the pledge of intellectual property rights and to examine the possibilities of pledging different intellectual property rights. First chapter analyses different objects of intellectual property rights (plant variates, copyright and related rights, designs, tradenames, trade secrets, patents and trademarks) that can be the object of a pledge. Issues that may arise in order to pledge these objects, as well as, national and international protection and their compatibility with property law are discussed. Also, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the General Court of the European Union and the Supreme Court of Lithuania related to intellectual property rights and pledge issues are discussed. Second chapter reviews the main methods of assessing the value of intellectual property rights used in practice, such as qualitative and quantitative valuations, their methods and how they could be applied in practice to pledge intellectual property rights. Third chapter, discusses the end of the pledge of intellectual property rights and the basics of realization of pledged intellectual property rights. Issues of applicable law related to international agreements on the pledge of intellectual property rights are also discussed. |
