B2 Non-refereed book chapter or chapter in a compilation book

Security Rights in Intellectual Property in Finland




AuthorsJuutilainen Teemu

EditorsEva-Maria Kieninger

Publishing placeCham

Publication year2020

Book title Security Rights in Intellectual Property

Series titleIus Comparatum – Global Studies in Comparative Law

Number in series45

First page 353

Last page372

Number of pages20

ISBN978-3-030-44190-6

eISBN978-3-030-44191-3

ISSN2214-6881

DOIhttps://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 addresshttps://research.utu.fi/converis/portal/detail/Publication/47824089


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.


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Last updated on 2024-26-11 at 21:36