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Insights

Q&A: Intellectual Property as collateral

Q: Can one use Intellectual Property to secure a loan in Kenya?

A: Intellectual property is often overlooked as a valuable asset when securing loans in Kenya. While tangible assets such as real estate or equipment are commonly used as collateral, intangible assets like intellectual property can also be leveraged to secure loans.

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. These intangible assets hold significant value and can be monetized to provide security for loans.

For borrowers, leveraging intellectual property as collateral can open up new opportunities for financing. Businesses that have valuable intellectual property assets, such as patents, trade marks, or copyrights, can use these assets to secure loans for growth and expansion. The borrowers must know the actual value of the intellectual property. Using intellectual property as security, borrowers can access the capital they need to fund their operations and achieve their business goals.

However, lenders and borrowers need to understand the complexities of using intellectual property as collateral. Intellectual property rights can be complex and may require specialized knowledge to properly assess their value. Borrowers must be able to demonstrate the value of their intellectual property assets to lenders to secure financing.

In Kenya, the use of intellectual property as security for loans is still relatively underutilized. Many businesses are unaware of the potential value of their intellectual property assets and may not realize that these assets can be used to secure financing. The lenders may also be concerned with the ready market to realize intellectual property security in the most efficient and cost-effective way in case of default.  By raising awareness about the benefits of using intellectual property as collateral, businesses in Kenya can unlock new opportunities for growth and expansion.

In conclusion, intellectual property can serve as a valuable asset for securing loans in Kenya. By leveraging intellectual property rights as collateral, businesses can access the financing they need to grow and thrive. Lenders can also benefit from using intellectual property as security, as it provides a stable and reliable source of value. With the right knowledge and understanding, intellectual property can be a powerful tool for both borrowers and lenders in the loan process.

Please contact us at info@cfllegal.com should you require further information.

Contributors:

Brenda VilitaLorna Mbatia
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