![]() CATEGORIES: BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism |
Trade marks and trade secrets.Tina: And what did he say about the situation internationally? Peter: Right. Well, the main point he made was that the law is Still anything but settled. Allover the world, you see Inconsistent rulings and unclear statutes. Tina: Can you give me an example? Jack: Er, let me think ... what was that he said about the UK? Oh, Yeah, I remember. So, for example in the UK, charges against Intellectual property have to be registered at Companies House, but the law is still unclear about whether this applies to A foreign company that has no presence in the UK. Peter: Right. And take China and Hong Kong. There, you're not Allowed to create a security interest in a trade mark. Jack: So his point was that perfecting security interests Internationally is a tricky business. You need to have someone in the countries in question who knows what they're doing. Tina: I see. And what did he have to say about perfecting security interests in the US? Jack: Well, as you know, Article 9 has some new provisions About IP as collateral. Tina: Yes, I know. Jack: And all those different IP assets like copyright, trade marks, etc. are classified as 'general intangibles'. But they're not all perfected the same way as you might expect. Part of the problem is knowing where to file the security Interest, whether on the state or the federal level. But there Are other considerations, too. Very complicated. Tina: I'm interested in copyrights. What can you tell me about those? Peter: Well, Kellogg warned us that copyrights are a particularly Dangerous area for lenders. The key issue here seems to Be whether the copyright is registered with the Copyright Office or not. If it is, then you would have to file a security Agreement with the Copyright Office. If the work is Unregistered, then you would file a UCC-1 to perfect a Security interest. Tina: Right. Um, where could I get more information on what was covered in the seminar? Jack: You could borrow our seminar materials. Everything you Want to know is in there. Tina: Great, thanks. I promise I'll get them back to you quickly. Unit 14 Listening1 Part I Well, I see that my time's running out and so I'd like to move to my final point. Clients often ask 'How can I limit the exposure Of my business and personal assets to the risks of my business?' That's what I'd like to talk to you about - asset Protection. The most powerful weapon of a legal adversary is the ability to Freeze your assets. When your bank account is frozen, you can't pay your bills or run your business or withdraw your Money. Your residence, rental property or business can also be attached. You can't collect rents or income, and your property can't be sold or refinanced. The plaintiff can attach your property during or after the Lawsuit. An attachment during the case is known as a prejudgment attachment. After the case is decided, it's called a Judgment lien. A pre-judgment attachment is only granted in Certain types of cases, generally those involving a contract Dispute over a particular amount of money. A judgment lien applies if the plaintiff receives an award in his Date: 2015-12-11; view: 823
|