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ARTICLE · 11 MAY 2020

New Horizons: Utilising IP As Security For Financing Transactions In Nigeria

This article aims to examine an uncommon form of security in these climes, an intangible but yet inestimable source of security – intellectual property (IP).

NigeriaIntellectual Property

INTRODUCTION

This article aims to examine an uncommon form of security in these climes, an intangible but yet inestimable source of security – intellectual property (IP). According to the World Intellectual Property Organisation (WIPO): "IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce ... IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create."

THE STATUS QUO – IS THERE ROOM FOR CHANGE?

Security over real property is the more common form in Nigeria, but such comes with its own inherent problems. Key amongst these is the high cost of perfection of title, without which, most institutional lenders are reluctant to provide funding. Embracing IP security would increase the pool of assets from which the creditor may satisfy his claim. It would also afford the debtor

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