Chattel mortgage on Intellectual Property Rights

Abstract

This article examines the law of chattel mortgage and pledge without Possession in relation to industrial property. First, the importance of the different registries that intervene in the life of a chattel mortgage on industrial property is argued and the particularities presented by the object of the security right are studied, including the questions of valuation. Second, the situation in comparative law and under the framework of international organizations such as UNCITRAL and the CLIP Principles is analyzed in order to propose how the system could be modernized through the governing law. Finally, deficiencies of a legislative nature are detected in the Spanish system of chattel mortgage on industrial property rights that should be subject to reform.