지식재산담보권의 실행과 우선순위에 관한 개선안

Republic of Korea enacted “Act on Security over MovableProperty, Claims, etc” in 2010 and security rights in intellectualproperty is also governed by this Act. By allowing registration of two ormore intellectual property rights used as security for the same credit,this Act enhances the value of intellectual property rights as security forcredit and allows intellectual property owners and other intellectualproperty rights holders to make credit more easily at a lower cost. ThisAct also provides that, among security rights in the same intellectualproperty, the right registered first has priority. But this Act does not have further provisions with respect to theenforcement and priority of the security rights in intellectual property,and provisions of security rights in movable property and intellectualproperty rights acts are applied mutatis mutandis. The UNCITRAL has adopted “UNCITRAL Legislative Guide onSecured Transactions” and “Supplement on Security Rights inIntellectual Property,” and they are providing guidance with respect tothe creation, effectiveness against third parties, registry system, priorityand enforcement of the security rights in intellectual property. Therefore understanding of the Legislative Guide and Supplementof the UNCITRAL would be very much useful for the interpretationand application of the relevant provisions of the Act with respect to theenforcement and priority of the security rights in intellectual property. Furthermore, it would be desirable to consider the adoption of theextrajudicial disposition, rights to the payments of royalties, and conceptof ordinary course of business.