Thursday 30 October 2008

UNCITRAL draft: expert group meeting ahead

I have learned from Spiros V. Bazinas, Senior Legal Officer in the International Trade Law Division of the UNCITRAL secretariat, that an expert group meeting is to be held on 11 and 12 December 2008 to discuss a revised draft of the Annex on security interests in intellectual property rights (for earlier posts on this controversial and technically complex topic see here, here, here, here and here). Discussions at the expert group meeting will be based on a draft working paper which will be sent to you at least a week before the meeting. Spiros has furnished the first draft of the Annex and the report of the session during which this draft was discussed. There are three documents in all:
* Annex to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property (Part 1) (32 pages, covering the Introduction; Scope of application and party autonomy; Creation of a security right in intellectual property)

* Annex to the UNCITRAL Legislative Guide on Secured Transactions dealing with security rights in intellectual property (Part 2) (33 pages, covering Effectiveness of a security right in intellectual property against third parties; The registry system; Rights and obligations of the parties to a security agreement relating to intellectual property; Rights and obligations of third-party obligors in intellectual property financing transactions; Enforcement of a security right in intellectual property; Law applicable to a security right in intellectual property; The impact of insolvency on a security right in intellectual property);

* Report of Working Group VI (Security Interests) on the work of its fourteenth session (Vienna, 20-24 October 2008).
Any reader who wishes to attend the December session should email Spiros or phone him in Vienna on +43-1-26060 4072, so that his request can be considered. More importantly, if any reader would like to study the documents listed above in order to make any constructive and informed comments upon them, they can be obtained directly from Spiros or by emailing me here.

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