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...

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Bibliographic Details
Main Authors: Azmi, Ida Madieha, Engku Ali, Engku Rabiah Adawiah
Format: Article
Language:English
Published: Asian Journal of Comparative Law 2007
Subjects:
Online Access:http://irep.iium.edu.my/28434/
http://irep.iium.edu.my/28434/
http://irep.iium.edu.my/28434/1/20130111162227296.pdf
Description
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".