Moveable Transactions (Scotland) Act 2023 Explanatory Notes

Commentary on Sections

Part 2 – Security over Moveable Property

Chapter 1 - Pledge
Enforcement of pledge
Section 71 – Secured creditor’s right to grant license over intellectual property

313.A licence of intellectual property is effectively a lease of that type of property (although it is not necessarily exclusive), and this section has therefore a similar purpose and effect for such property as section 70 does for property that can be leased – see paragraphs 311 and 312 of these Notes. However, the right to grant a licence over intellectual property only applies to the extent that the provider themselves would be entitled to do so.

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