지식재산 담보의 범위와 공시제도

Knowledge, information and technology are important materials in the national economy. The Korean government has implemented various intellectual property(IP) financing policies for boosting IP practices. The secured transaction based on IP is an useful tool to finance the small and middle sized enterprises which have technology as main company assets. Until now, IP secured transactions have not invigorated and the lender prefers real estate or sales figure as collaterals though we have legal system about a IP security interests. In order to solve this problem, the Korean government enacted the Framework Act on Intellectual Property which recommends to develop the business models for IP security interests service. In addition, the government also enacted the Act on Secured Transaction on Movable property and Receivables in 2010 after studied the Supplement on Security Rights in Intellectual Property of UNCITRAL Legislative Guide on Secured Transactions, and other legislations in foreign countries. The Korean Intellectual Property Office(KIPO) signed a working agreement as to booming up of IP financing policy in March 2013 with the Korean Development Bank(KDB) before starting IP security loan. It is expected to implement IP secured transactions successfully in real market if the reliable evaluation method on IP value sets up alone with early supporting policies of the government. To promote IP security, the scope of collaterals should be expanded to include potential IP rights and trade secret. The government should also adopt acquisition financing to provide incentives for lenders. More significantly, a package collateral including movable property,receivables and IP together should also considered as a useful tool, and the registry systems harmonized as well.