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

The following Banking & Finance guidance note provides comprehensive and up to date legal information covering:

  • Effect of registering security at IP registries on priority of security interests
  • Proposed reform
  • Why is it important to determine priority between competing security interests?
  • What are asset registers?
  • Patents—registration on the UK Register of Patents
  • Registration on the UK Register of Patents—effect on priorities
  • Trade marks—registration on the UK Register of Trade Marks
  • Registration on the UK Register of Trade Marks—effect on priorities
  • Designs—registration on the UK Register of Designs
  • Registration on the UK Register of Designs—effect on priorities
  • more

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. While the information contained in this Practice Note is not directly affected (as it only covers taking security over intellectual property rights in England & Wales), for information on the legal implications for EU intellectual property rights and registrations, see Practice Note: Brexit—impact on finance transactions — General issues—security and guarantees.

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

Broadly speaking, there are two different systems for registration of security interests:

  1. registration against the asset which has been secured, and

  2. registration against the entity providing the security

This Practice Note explains the impact on