CHALLENGES OF INTELLECTUAL PROPERTY-BACKED LENDING

Currently, intellectual rights to the results of intellectual activity and means of individualization equated to them are actively “commercialized”, including through collateral relations. The article, based on the current regulatory framework, the latest developments in legislation, judicial practice, and foreign legislation, analyzes the problems and features of lending by banks secured by intellectual rights, in particular, the problems of foreclosure on “pledged rights” taking into account the special legal capacity of banks, issues of registering a pledge on individual objects and others. The article pays special attention to measures to support the state and regions in this area and the prospects for the development of legislation on intellectual rights, which affects bank lending relations secured by exclusive rights.