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This Checklist is drafted from the lender’s perspective, and it is designed to highlight the key issues to consider and steps to follow when using IP as security, such as to:

1. •

   consider the nature of the IP right

2. •

   consider the type of security

3. •

   consider ownership, duration, and third-party rights

4. •

   consider validity and maintenance of the right

5. •

   value the IP right

6. •

   consider associated rights and property

7. •

   register the security at the appropriate registry

For further information on taking or perfecting security over IP, see:

1. •

   Practice Notes: Taking security over intellectual property rights, Taking security over intellectual property—practical points, Perfecting security over intellectual property rights and registering security at an intellectual property registry and Effect of registering security at IP registries on priority of security interests

2. •

   Precedents: Assignment of intellectual property by way of security, Agreement for assignment of patent by way of security in pursuance of loan agreement: Encyclopaedia of Forms and Precedents (21(1)) [1172], Mortgage of the copyright in a literary work: Encyclopaedia of Forms and Precedents (28(3)) [943]–[979] and