La titrisation des actifs intellectuels au prisme du droit luxembourge


CALL: 2012


FIRST NAME: Alexandre

LAST NAME: Quiquerez



HOST INSTITUTION: University of Luxembourg





Submitted Abstract

This study aims at demonstrating, first of all, that securitization is applicable to any kind of assets, in other words to any economic elements having a financial value, not only to debt loans and securities. It appears to be an attractive transaction for any entity holding any type of assets. Securitization, as a financial innovation, offers a very wide range of opportunities for financing and return on investment. This technique is particularly adapted to current creative activities because of their increasing need for funds. In this context, intellectual property securitization is one possible solution. Professionals can draw inspiration from previous transactions because the legal structures are not really different from most conventional securitizations or from other financial transactions involving intellectual property. Thus, securitization is a financial tool with universal applications. However, the subprime crisis has warned us that it is necessary to keep innovating so as to respect all interests. This conception of securitization highlights the potential quality of intellectual assets attached to intellectual property. If securitization can be applied to a certain IP right, it is because this right is an intellectual asset. As securitization requires an identification of assets and a production of revenues, securitization invites the adoption of a financial approach to intellectual property. Innovative financial techniques, through the perfect example of securitization, show that IP rights are not only privative or exclusive rights, but also important sources of assets.

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