Intellectual Property Mortgage in the Light of the Provisions of Civil Law and Comparative Study

The patent, industrial designs and trademarks law and its implementing regulations lack specific provisions regarding the mortgage of intellectual property, Therefore, security of these kinds of properties should be analyzed within frame work of civil law. Article 774 of Civil Law stipulates that mortgaged property shall be particular object and, consequently, the security of debt and interest is void. Also, in article 772 delivery is considered a condition of validity of mortgage contract. Based on these articles, it is believed that mortgage of intellectual property is void, because these objects are not particular objects and their delivery is disputable. The present paper, through analyzing mortgage regulations and intellectual property, shows nullity of the above assumption and proves that mortgage of intellectual properties dose not have any contradiction with the provisions of civil law. However, for avoidance of any dispute and misinterpretation by courts and lawyers, it suggests that mortgage of intellectual property should be explicitly predicted in the patent, industrial designs and trademarks law till, in addition to coordination of existing regulations with the position of other legal systems, the reasonable expectations of economy, trade and industry are given appropriate response and considerable amount of property and assets are not deprived from the possibility and potentiality of mortgage.