Legal impediments to the collateralization of intellectual property in the Malaysian dual banking system
This paper examines the legal impediments facing the acceptability of intellectual property as collateral in Malaysia. As Malaysia practices a dual banking system, conventional and Islamic, both running parallel to each other, the position of intellectual property under the Islamic banking system wi...
Main Authors: | , |
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Format: | Article |
Language: | English |
Published: |
Asian Journal of Comparative Law
2007
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Subjects: | |
Online Access: | http://irep.iium.edu.my/28434/ http://irep.iium.edu.my/28434/ http://irep.iium.edu.my/28434/1/20130111162227296.pdf |
Summary: | This paper examines the legal impediments facing the acceptability of intellectual property as collateral in Malaysia. As Malaysia practices a dual banking system, conventional and Islamic, both running parallel to each other, the position of intellectual property under the Islamic banking system will also be analysed. This, in turn, requires a deeper elaboration of principles relating to collateral security or rahn in Islamic law. The paper also proceeds to explore the suitability, acceptability and practical risks of allowing intellectual property as a form of security in comparison to "physical assets". |
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