LAW7219

Security over intangible property

Ms Jacqueline Lipton

Objectives Upon completion of this subject students should (a) have a detailed understanding of the operation of standard forms of security arrangements such as a mortgage, charge, pledge and lien; (b) have a detailed understanding of legal and practical alternatives to these types of security arrangements in situations where such traditional arrangements are unable to create effective security because of the nature of the property involved; (c) have a general understanding of the legal and practical meanings of the term 'intangible property'; (d) be able to identify the specific legal incidents of various forms of intangible property and the implications of this for a financier's ability to take effective security over such property; (e) be able to understand, evaluate and apply legal and policy arguments in favour of reform of certain areas of law and practice in respect of taking security over various categories of intangible property; (f) have further developed legal research and writing and legal argument skills by undertaking systematic research into law and practice relating to difficulties with taking security over intangible property; (g) have developed analytical and problem-solving skills in relation to problems involving security over intangible property; and, (h) have developed skills of oral presentation in an interactive seminar context.

Synopsis Law relating to the creation of mortgages, charges, pledges and liens; legal definition of 'intangible property'; legal incidents of various classes of intangible property, including electronically registered shares, goodwill, book debts, bank deposits, intellectual property, future property, confidential information, computer software and associated rights; application of law relating to mortgages, charges, pledges and liens to situations involving intangible property as security; alternatives to applying standard secured financing arrangements, including the use of flawed asset and set off arrangements in relation to bank deposits and involvement of financiers in electronic share registration and transfer systems to gain security over electronic shares; desirability of law reform in relation to taking security over certain classes of intangible property, including comparisons with legislation in other jurisdictions and any relevant international conventions.

Assessment Supervised examination: 50% - research paper (4000 words): 40% - class presentation/participation: 10%

Texts

A set of class materials will be issued by the lecturer.

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