I am working on implementation of the movable property, particularly intelellectual property rights and patents have a precondition for registration of prior to registration. Kindly guide me on the legal theories available in this area of research.
The securitization of patents is well supported by legal theories such as Property Theory (treating patents as assets), Contract Law (defining agreements on rights and royalties), Security Interest Theory (using patents as collateral), and Finance Theory (viewing patents as financial assets). These theories help patents function as movable property for financing and investment. Esther you can check out papers like "Securitization of Intellectual Property" by Dov Solomon and Miriam Marcowitz-Bitton or "Securitization of Patents and Its Continued Viability" by Aleksander Nikolic for insights into the legal theories and frameworks supporting patent securitization. These papers delve into the process, benefits, and challenges of patent securitization.
The securitization of patents draws support from several legal and economic theories. Primarily, Property Rights Theory justifies treating patents as assets that can be traded or collateralized. Additionally, Law and Economics Theory supports this by promoting efficient resource allocation and monetization of intellectual property. The Bundle of Rights Doctrine further reinforces the concept, viewing patents as divisible rights that can be separated, transferred, and securitized.
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