The Movable Assets Guarantee Law in its article 36 provides, that it can be offered as a guarantee the rights that are held over a distinctive signs (trademark, trade names, signs or expressions of advertising), invention patents, utility models, industrial designs and copyrights, as well as the royalties that they may cause.
According to statistical data from the National Registry Center, the registration of intellectual property rights as a guarantee before the Register of Movable Assets Guarantees are very low, since they constitute to date only 0.16% of the universe of movable assets provided by law, even though the law is in force since 2013.
There is no formal study of the reason for this low percentage, but it is very likely that in principle it is due to lack of knowledge of the practical use of the law. Moreover, while trademarks and patents are intangible rights that possess a monetary value as other tangible goods (such as machinery, harvests, and inventories, within others), most companies do not consider them as an asset of the company, which value in many cases exceeds those of a material asset, including real estate.
Also, from the creditor's point of view, there could be less confidence in an asset that is not perceptible by the senses, however, it is necessary to break with these paradigms: intangible assets are recognized by accounting and legal rules as ideal to guarantee a credit. In fact, a good number of financial institutions in our country currently accept such guarantees.
By guaranteeing their intellectual property, the owner can seek a better leverage of their business position, by injecting capital into the same by obtaining a credit that is guaranteed by these assets or even to seek an increase the amount of credit already available.
The Register of Movable Assets Guarantees is a public register, which has an electronic system through which the registration process can be carried out, with the presentation of a form in which the Guaranteed Creditor and the Guarantor Debtor must be identified, make a brief description of the assets given in guarantee and have canceled the registration rights as appropriate by the provisions of article 49 of the law.
In the case of guarantee over a distinctive sign, patent or copyright, these must be previously registered before the Intellectual Property Office (or deposited in the case of Copyrights).