COMPARATIVE ANALISYS OF THE INTELECTUAL PROPERTY RIGHTS AS MEANS OF SECUTIRY CLAIMS

Abstract

The rapid development of technology and information, as well as the daily business environment, makes intellectual property rights one of the main factors for the development of SMEs. Such rights are closely related to commercial activities that generate profits and value for the enterprise. Creativity and innovation are becoming more important, having crucial role in the competitiveness of SMEs in the increasingly competitive markets. It is said that the trademark is the face of the business, and the design is what sells the product. Hence, the intellectual property rights represent a special kind of property of the company, which is nowadays considered to be worthier than physical property, and real estate property. Having this fact into consideration, the attention of this paper is directed towards analyzing the possibility offered by the legislation for pledging such rights and using them as a means for securing the claims. The focus of this paper will be on the procedure whereby intellectual property rights can be used as a means of securing claims, as well as a complete comparative analysis of legal solutions and practices in different countries of the world.