The Development of the Intellectual Property Trading Market as Collateral under the Business Security Law

Abstract

This research aims to study and analyze the problems of developing the intellectual property market as collateral under the business security law. This research collects the data on the problems of law enforcement and important issues to be considered for revising the Business Security Act B.E. 2558 through the qualitative research methodology consisting of documentation research and in-depth interview.    

           According to the study, the business domain in Thailand does not accept the intellect property as business collateral as much as it should be. Moreover, the laws prescribed in the Business Security Act B.E. 2558 still lacks mechanisms to build and support the confidence in the actual value of intellectual property. Especially, at present Thailand does not have the market for intellectual property as well as the balance mechanisms to provide fair protection both for collateral provider (debtor) and collateral receiver (creditor) as follows: (1) the problems of intellectual property transaction and (2) the problems of markets for intellectual property transaction, which leads to the analysis and suggestion of revising the Business Security Act B.E. 2558 as the significant findings of this research.    

            This research suggests the approach to revise the Business Security Act B.E. 2558, that is, (1) the revision of the intellectual property market and staff in Section 40/1 and (2) the revision of distributing the intellectual property to the markets for intellectual property in Section 40/2.