This article studies the legal aspects of the brand mortgage from the premise its primary purpose is to serve as a legal tool for the brand owner to obtain finance products necessary for the management and development of the owner’s project. Therefore, it is necessary to amend the laws to permit the brand owner to mortgage his brand with his business as collateral [or independently] in order to achieve the purpose of the mortgage.
If we take into account the special nature of trademarks as immaterial rights and the consequential difficulty of transferring possession to the mortgagee, it does not achieve the desired purpose of the mortgage. It is noteworthy to discern that the laws do not accurately reflect the provisions that govern brand mortgage; do the provisions refer to possessory lien, mortgage insurance, or debt mortgage?
Thus, this article recommends organizing this issue judiciously in the laws governing trademarks, allowing the mortgage to be partial, independent from the use of business as collateral and subjecting brand mortgage contracts to the provisions of mortgage insurance.
Consequently, such a provisional obligation of the mortgagor to management is to ensure the safety of the mortgages and not to diminish its value. The mortgagee has the right to object to any action that would lessen the value of the mortgage and the right to claim from the debtor to provide sufficient new guaranties to ensure the mortgage or claim to pay the full amount of the loan immediately
Faid Allah, Hussein Tawfik and Jalal, Nasser Khalil
"Legal Aspects of Brand Mortgage: A Comparative Study,"
Journal Sharia and Law: Vol. 2015:
62, Article 2.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2015/iss62/2