Transfer Of Incorporeal Property Flashcards
How are personal rights transferred
By assignation completed by intimation (SCOTTISH LAW COMMISSION IS CONSIDERING WHETHER REGISTRATION IS AN OPTIONAL ALTERNATIVE TO INTIMATION)
It usually involves the transfer of personal rights to be paid money
Is the consent of a debtor acquired before the right is assigned
No unless the claim arises from a contract and there is a clause which prevents assignation
Note there’s statutory exceptions to assignation i.e. social security administration act 1992 s 187
What do we mean by incorporeal moveable property
IP rights and personal rights
How are ip rights assigned
They’re not personal rights and no third party is involved
They’re transferred by assignation
Most are registered (Patents Act 1977 s33) but some such as copyright can be assigned by simple consent, as long as it is in writing
How would a warrandice operate with assignation
The warrandice grants “debitum subesse” )
It would be that the claim is payable but not that it will be paid
How does assignation of personal rights work
No distinction between contract and conveyance
Contract to assign doesn’t have to be in writing per ROWSA 1995 s11(3)a
Courts have been willing to recognize all sorts of documents as being assignations i.e. BROWNLEE V ROBB
transfer of a claim takes place on intimation (formal notice) to the debtor.
Assignatus utitur jure auctoris
You can’t assign a right beyond which you could enforce yourself
Scottish widows v built- life assurance policy was assigned but he had obtained it fradulently- man who bought it couldn’t claim
