Document Type
Article
Publication Date
1998
Source Publication
Banking & Finance Law Review. Volume 14, No. 1 (1998), p. 45-87.
Abstract
Financing intangible intellectual property in Canada presents some novel demands on lenders because of the interaction of provincial security schemes with federal intellectual property legislation. This article looks at the relative ease with which security interests in intangible property may be obtained under provincial personal property security regimes, and then at the various federal intellectual property statutes which exhibit more of a piecemeal approach to financing. In addition, a number of constitutional issues arise because of this jurisdictional split, and the article explores these issues, comparing the situation in Canada with that in the United States. The article suggests that unless legislative reform occurs, a cautious and pragmatic approach to securing intangible assets in Canada is warranted.
Repository Citation
Haigh, Richard. “High Tech Lending: Maintaining Priority in an Intangible World.” Banking & Finance Law Review. 14.1 (1998): 45-87.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.