지식재산담보권의 우선권과 담보권의 실행에 관한 연구 -UNCITRAL 담보거래 입법론을 중심으로-

Abstract

Financial support need to create a new and innovative intellectual property. However, businesses mostly depend on the real estate security law, so small businesses that are short of real estate assets have difficulty raising capital. The need to vitalize the security right in intellectual property is increasing to lend funds. Accordingly, at the international level, the debate is taking place to create the ‘Draft Supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with Security Rights in Intellectual Property’. In line with this global trend, Korea has announced the ‘the Act on Security Right for Movable Property and an Obligation’ to form an institutional basis for capital financing by means of a security right in intellectual property. Considering the proportion of small businesses in our economy and the need for them to have easy access to loans, the suggestions of the ‘Draft Supplement to the UNCITRAL Legislative Guide on Secured Transactions dealing with Security Rights in Intellectual Property’ need to be widely accommodated. Although some part of the Draft Supplement does not suit the practices of the domestic business community, once adopted, it is expected to have a direct impact on the improvement of security-related provisions and relevant institutions under the domestic intellectual property right laws. From the point of view, this study attach most importance of Priority and Enforcement of a Security Right in Intellectual Property. It particularly review the Priority and Enforcement of a Security Right in Intellectual Property of the Draft Supplement to the UNCITRAL Legislative Guide with security laws, thereby I look for suggestion and hope that the findings of this research will help invigorating of intellectual property financing.