Considering Intellectual Property Securitisation

This article first appeared in IP Value 2005 - An international guide for the boardroom, published by Globe White Page, www.buildingipvalue.com

The World Intellectual Property Organisation (WIPO), among others, describes the securitisation of intellectual property (IP) assets as "a new trend". It has now been more than seven years since the introduction of the so-called Bowie bonds - regarded as the first ever music royalties future receivable securitisation - which gave rise to IP securitisation as a financing vehicle. In the years since the introduction of the Bowie bonds, a great deal has been written in the business and legal press and in academic journals about securitizing various IP portfolios from copyrights (particularly those associated with music and film) and patents (particularly those associated with pharmaceuticals and high technology) to trademarks and even trade secrets and domain names.