Capitalizing trademarks as security: the Canadian trademark finance perspective

Shaaban, E and Denoncourt, J ORCID logoORCID: https://orcid.org/0000-0003-2176-8935, 2024. Capitalizing trademarks as security: the Canadian trademark finance perspective. Laws, 13 (6): 79. ISSN 2075-471X

[thumbnail of 2381268_Denoncourt.pdf]
Preview
Text
2381268_Denoncourt.pdf - Published version

Download (330kB) | Preview

Abstract

Canada’s world-renowned banking sector is well- regulated, capitalized and one of the world’s most stable. It meets the essential pre-conditions for intellectual property (IP) finance methods such as a strong IP regime and a pool of firms with registered trademarks. In 2018 Canada launched its National IP Policy followed by certain IP finance initiatives led by the Canadian Business Development Bank (BDC) in 2019. However, it is not well understood how the Canadian Constitution structures economic relations. Certain longstanding federal and provincial issues remain to be addressed if trademark-backed finance is to become part of mainstream commercial lending in Canada. This article contributes to the nascent academic interdisciplinary trademark law and finance literature. An in-depth literature review highlights the existing gaps between the Canadian federal and provincial legal frameworks that govern security interests in trademarks, and market needs. The traditional legal research methodology evaluates the impact of relevant case law, public policies and law practice, adopting finance, economic and IP rights theory perspectives. A digital shared ledger system technology law solution is proposed to enhance registration of security interests with the aim of making trademark finance in Canada more effective and efficient. This article is foundational in the sense that it paves the way for recommendations for new policies with a view to normalising trademark-backed debt finance processes in Canada.

Item Type: Journal article
Publication Title: Laws
Creators: Shaaban, E. and Denoncourt, J.
Publisher: MDPI AG
Date: December 2024
Volume: 13
Number: 6
ISSN: 2075-471X
Identifiers:
Number
Type
10.3390/laws13060079
DOI
2381268
Other
Rights: © 2024 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
Divisions: Schools > Nottingham Law School
Record created by: Melissa Cornwell
Date Added: 21 Feb 2025 10:40
Last Modified: 21 Feb 2025 10:40
URI: https://irep.ntu.ac.uk/id/eprint/53106

Actions (login required)

Edit View Edit View

Statistics

Views

Views per month over past year

Downloads

Downloads per month over past year