The Forgotten World of IP: How Can Intellectual Property Be Securitized and How It Should Be Regulated

By: Rachit Parikh

I. Introduction

The 2008 financial crisis spurred Congress into action and led them to enact regulation to protect consumers from financial institutions.[1] The regulation became known as the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (hereinafter “Dodd-Frank Act”).[2] Broadly, the goal of the act was to regulate both bank-based financial companies and non-bank financial companies, such as hedge funds, from risky lending, and to protect consumers from these type of actions.[3] More specifically, Congress enacted sets of rules that regulated securitizations of asset backed securities which used different forms of loans as collateral.[4] However, one aspect that has been overlooked is whether these provisions also govern intellectual property assets such as patents and copyrights.

Continue reading “The Forgotten World of IP: How Can Intellectual Property Be Securitized and How It Should Be Regulated”