Medvedev, S.V. The unique types of pledge in the sphere of intellectual property.

Abstract: This article is devoted to the analysis of some unique types of pledge in the sphere of copyright. In particular, the author analyzes the pledge of “ future” exclusive right, pledge of use within the framework of exclusive right, pledge of license rights. For example, the author points out that not only “existing” exclusive rights can be the objects of pledge, but also it is possible for the “ future” rights, such as patent and trademark claims, which may serve as pledge. The author also points out that the owner of rights may pledge not only the exclusive right as a whole, but also some of its elements, such as rights to use the results of intellectual activity, or means of individualization to some limits. The author also establishes the principal possibility of pledge of rights of license holder under some conditions. The conclusions are related to the practice of higher courts. The author wishes to show that legal nature and legitimacy of such types of pledge may really widen the scope of interpretation and application of pledge deals in the sphere of copyright in the Russian market.

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