Pledge Agreement

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As a possible way of managing an intellectual property object, the copyright holder can pledge his exclusive right like any other material object. 

The exclusive right to the results of intellectual activity or means of individualization can be pledged. 

The pledge agreement is one of the main agreements for the disposal of exclusive rights used in IP management. Pledge agreements in most countries are subject to mandatory registration with the national patent office. 

An agreement on pledge of rights to an IP object is a transaction for the transfer of exclusive rights from the copyright holder (pledger) to another party until the first fulfills a certain obligation. 

Intellectual property is a company asset, like real estate and other property. The owner of the IP can pledge it, for example, in order to secure a loan obligation. 

The pledgee can benefit from the use of the pledger's intellectual property in his activities. In addition, in the event of improper performance by the pledger of its obligations, the pledgee can claim compensation or damages. If in a pledge agreement, the subject of pledge is the right to an invention, utility model or industrial design, the agreement must provide for the need for annual maintenance of the objects of patent law. 

As an incentive to fulfill such an obligation, you can specify in the pledge agreement the following condition: if the payment of the patent maintenance fee is not paid on time, the pledger will have to repay all obligations to the pledgee ahead of schedule.

What are the advantages of concluding a pledge agreement?

For many companies, a pledge of exclusive rights is an effective security measure in lending, which can be used both separately and as part of a pledge of an enterprise as a single property complex, which includes rights to the results of intellectual activity and means of individualization.


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