Advertisement

Security Rights in Intellectual Property in Scotland

  • Patrick MasiyakurimaEmail author
Chapter
  • 28 Downloads
Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 45)

Abstract

Scottish law permits the taking of security over intellectual property rights. Such security takes several forms including assignation. According to Scottish Law, an assignation creates a personal right. A real right can only be created if the assignation is intimated. Apart from this, trade marks and patents can be charged. It is also possible for a trust over intellectual property rights to be created. However, there are problems with such security rights in relation to their creation, priorities and certainty.

References

  1. Anderson RG (2008) Assignation. Edinburgh Legal Education Trust, EdinburghGoogle Scholar
  2. Guthrie T, Orr A (1996) Fixed security rights over intellectual property in Scotland. Eur Intellect Prop Rev 11:597–603Google Scholar
  3. Rosati E (2013) Originality in EU copyright law. Edward Elgar, CheltenhamGoogle Scholar
  4. Scottish Law Commission (2011) Discussion paper on moveable transactions. https://www.scotlawcom.gov.uk/files/6113/1057/2523/dp151.pdf. Accessed 4 Mar 2019

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.University of LeicesterLeicesterUK

Personalised recommendations