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ARTICLE · 31 MARCH 2012

The Personal Property and Securities Act ("PPSA") and Intellectual Property

Both intellectual property and IP licences are specifically included in the PPSA regime as a type of personal property.

AustraliaIntellectual Property

1. Introduction

With the commencement of the Personal Properties and Securities Register ("PPSR") from 30 January 2012, some care needs to be taken in relation to whether or not security interests can be granted over personal property. This is particularly the case for intellectual property, where a number of different security interests may potentially be granted over the same intellectual property.

2. General

The PPSA applies to personal property. Both intellectual property ("IP") and IP licences are specifically included as a type of personal property.

As an IP licence is personal property, it can be used as collateral, so a security interest can be granted over it. The most likely security interest will be a general security agreement, such as a security interest over all present and after-acquired property (previously a fixed and floating charge).

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