B2 Non-refereed book chapter or chapter in a compilation book
Security Rights in Intellectual Property in Finland
Authors: Juutilainen Teemu
Editors: Eva-Maria Kieninger
Publishing place: Cham
Publication year: 2020
Book title : Security Rights in Intellectual Property
Series title: Ius Comparatum – Global Studies in Comparative Law
Number in series: 45
First page : 353
Last page: 372
Number of pages: 20
ISBN: 978-3-030-44190-6
eISBN: 978-3-030-44191-3
ISSN: 2214-6881
DOI: https://doi.org/10.1007/978-3-030-44191-3_13
Web address : https://link.springer.com/chapter/10.1007/978-3-030-44191-3_13
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/47824089
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.
Downloadable publication This is an electronic reprint of the original article. |