Effect of registering security at IP registries on priority of security interests

Published by a LexisNexis Banking & Finance expert
Practice notes

Effect of registering security at IP registries on priority of security interests

Published by a LexisNexis Banking & Finance expert

Practice notes
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Introduction

Registration can have an important effect on the Priority of competing security interests.

This Practice Note explains the impact on priority of registration at the relevant IP registry of:

  1. a UK patent

  2. a UK registered trade mark, or

  3. a UK registered design

For information about how registration against other assets affects priority of security interests, see Practice Notes:

  1. Effect of registering security at the HM Land Registry/Land Charges Department on priority of security interests

  2. Effect of registering security on the UK Ship Register on priority of security interests

  3. Effect of registering security on the UK Register of Aircraft Mortgages on priority of security interests

In addition, most security interests created by a company which is formed and registered under the Companies Act 2006 need to be registered at Companies House in order to be effective. For more information on registration at Companies House, see Practice Note: Registering security at Companies House. For information about how such registration affects priority of security

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Jurisdiction(s):
United Kingdom
Key definition:
Priority definition
What does Priority mean?

The ranking of security interests ie the order in which each of the secured creditors can claim on the secured property in an enforcement or insolvency scenario. A deed of priority or intercreditor deed can vary the priority a security interest enjoys by virtue of general law.

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