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https://www.um.edu.mt/library/oar/handle/123456789/9697
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DC Field | Value | Language |
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dc.date.accessioned | 2016-04-19T14:42:04Z | |
dc.date.available | 2016-04-19T14:42:04Z | |
dc.date.issued | 2015 | |
dc.identifier.uri | https://www.um.edu.mt/library/oar//handle/123456789/9697 | |
dc.description | LL.D. | en_GB |
dc.description.abstract | Traditionally, tangible assets such as land, houses and natural resources were practically the only representation of economic strength. In today's knowledge economy the value of IP assets is being realised by companies globally. Technology products, brands and information, protected by copyrights, patents and trademarks are playing a fundamental role in companies’ commercial worth. An emerging area in this direction is the securitisation of intellectual property assets. Despite opening new grounds for the market of IP-backed securities, IP-backed securitisation remains only a small portion of the total asset backed securitisation industry. Aimed at finding reasons behind this fact, the focus of this study is based on the premise that successful IP-backed Securitisation depends on the mitigation of legal and commercial risks, complimented by a correct valuation of the IP backing the securities. Guided by these issues, an analytical review of the legal fundamentals, including the working structure of the SPV, bankruptcy, “true sale”, fair-use, property title, transfers, registration and valuation was carried out, through which the study strived to come to terms with the challenges and risks. With an analysis of these legal and commercial issues linked to the scenario in Malta the study came out with its own considerations. Arguments raised show that despite numerous risks, the array of benefits securitisation offers will eventually be a factor for IP-backed Securitisation to make the next step into the well established traditional securitisation market. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Intellectual property -- Malta | en_GB |
dc.subject | Asset-backed financing -- Malta | en_GB |
dc.subject | Security (Law) -- Malta | en_GB |
dc.title | Securitization of intellectual property : a legal analysis | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws. Department of Commercial Law | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Psaila, Francesca | |
Appears in Collections: | Dissertations - FacLaw - 2015 Dissertations - FacLawCom - 2015 |
Files in This Item:
File | Description | Size | Format | |
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15LLD093.pdf Restricted Access | 5.27 MB | Adobe PDF | View/Open Request a copy |
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