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