Home -> Law Blog Directory -> Intellectual Property Law Blogs -> IPKat

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Intellectual Property Law

: IPKat

Security arrangements and IP

By Johanna Gibson, David Pearce, Jeremy Phillips and Ilanah Simon.

ADVERTISEMENTS

The IPKat has been wondering whether any of his readers have considered whether registration at Companies House ("the official UK government register of UK companies") might help to preserve unregistered IP rights.

Right: Magnus was a feline insomniac before he discovered the Companies Act 1985 ...

This is because he hears a story that goes like this:

"Once upon a time there was an author who had sold the IP rights in his books to a publishing company, but wanted to retain some control over them . So what did that author do? He took a charge over those rights. The security was then registered at Companies House under section 395 of the Companies Act 1985.

The parties had contractually agreed that the publishing company could not dispose of or charge the IP rights in the author's works, but the security registration had some value for the author in that it publicised, in a manner similar to registration of the rights, the fact that the IP rights were subject to a charge and a non-disposal covenant. Any third party who could reasonably have been expected to check the register, who then acquired the rights in breach of the restrictive covenants, could not be said to have done so in good faith. And they all lived happily ever after ..."

The IPKat would be really curious to hear whether any readers have views on this approach.

Full post as published by IPKat on January 23, 2009 (boomark / email).