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Mr. Lawwellman P

Legal Framework for Intellectual Property Secured Financing in India - Bangalore NLSIU 2016 - 163p

TABLE OF CONTENTS
List of Case;
List of Figures;
List of Abbreviations;
Chapter I INTRODUCTION;
1.1 Background and Relevance of the Study;
1.2 Objective and Scope of the Study;
1.3 Limitations of the Study;
1.4 Literature/Law Review;
1.5 Research Questions;
1.6 Chapterization;
1.7 Terminologies;
1.8 Research Methodology and Resources;
Chapter II;
LEGAL FRAMEWORK FOR SECURED FINANCE IN INTELLECTUAL PROPERTY: ECONOMIC ANALYSIS.;
2. Introduction;
2.1 Intellectual Property: Significant Features;
2.2 Economic Importance of Intellectual Property and Its Recognition as an Asset.;
2.3 Intellectual Property and Legal and Economic Characteristics of Security Asset.;
2.4 Legal Framework For Secured Finance in Intellectual Property : Economic Analysis;
• Conclusion;
Chapter III;
INTELLECTUAL PROPERTY ASSET DUE DILIGENCE FOR SECURED FINANCING
3. Introduction;
3.1 Intellectual Property Commercial Practices;
3.2 IP Secured Financing Practices;
3.3 IP Due Diligence;
3.4 IP Valuation;
• Conclusion ;
Chapter IV;
CREATION OF SECURITY INTEREST IN INTELLECTUAL PROPERTY ASSETS AND RIGHTS AND OBLIGATIONS OF PARTIES;
4. Introduction;
4.1 Security Presently Recognised Under Indian Law;
4.2 Appropriate Form of Security in Respect of Intellectual Property Assets;
4.3 Rights of Lender and Obligation of Borrower With Respect to Security Asset in an IP Secured Transaction;
4.4 Rights of Borrower and Obligation of Lender With Respect to Security Asset in an IP Secured Transaction;
• Conclusion;
Chapter V;
THIRD PARTY EFFECTIVENESS AND PRIORITY IN INTELLECTUAL PROPERTY SECURED TRANSACTIONS;
5. Introduction;
5.1 Perfection Systems Presently Recognised Under Indian Law;
5.2 Existing/Proposed System(s) For Perfection of Security Interest in Intellectual Property Secured Transactions in International Instruments;.
5.3 Appropriate Perfection System for Secured Transactions Involving Intellectual Property;
5.4 Rights and Obligation of Third Parties With Respect to Security Asset in an IP Secured Transaction;
• Conclusion;
Chapter VI;
ENFORCEMENT SECURITY INTEREST IN INTELLECTUAL PROPERTY AND TREATMENT OF SECURED CREDITORS IN INSOLVENCY;
• Introduction;
6.1 Enforcement of Security Interest in India Presently;
6.2 Appropriate Enforcement System for Security Interest in Intellectual Property;
6.3 Insolvency and Security Interest Presently In India;
6.4 Appropriate Insolvency Principles for IP Secured Transactions in India;
• Conclusion;
Chapter VII;
REPORT OF QUALITATIVE STUDY;
7.1 Introduction;
7.2. Aim of the Qualitative Study;
7.3 Review of Literature;
7.4 Sample and Sampling;
7.5 Data (Response) Collection Method;
7.6 Data (Responses) and Its Analysis/Discussion;
7.7 Findings and Conclusion;
Chapter VIII;
CONCLUSION AND SUGGETIONS;
8.1 Conclusions of the Study;
8.2 Suggestions;
REFERENCES;
List of Books;
List of Legislative Materials (International and Domestic);
List of Articles;
List of Other Materials;
ANNEXURES;
Annexure I Questionnaire – Qualitative Study;
Annexure II EBRD Model Law on Secured Transactions, 1994;
Annexure III UNCITRAL Legislative Guide on Secured Transactions, 2007(Extracts).;
Annexure IV UNCITRAL Legislative Guide on Secured Transactions, 2007;
Supplement on Security Right in Intellectual Property, 2010.;
Annexure V UNCITRAL Legislative Guide on Insolvency, 2004 (Extracts).


Enforcement of Secured Finance - Legal Framework Secured Finance - Intellectual Property Asset Due Diligence