Pledge. The property rights in a registered trademark, a patent or a copyright can be pledged. A written pledge contract is required, and the pledge must be registered — the security interest is created on registration, not on signature.
Capital contribution. IP can be contributed to registered capital as a non-monetary asset, subject to valuation and to registration of the change of ownership. The IP must have clear title and must be legally transferable.
Three things to keep in view. Valuation is the real obstacle. How willing a lender is to take a pure IP pledge varies a great deal with the industry, with how robust the right is, and with how readily it could be turned into cash. In practice other security is usually required alongside it. The maintenance position drives the value. The remaining term, whether the annuities have been paid, and any license already granted all bear directly on how much can be raised against the right. Watch the contribution risk. If IP contributed as capital is later invalidated, or lapses because no one renewed it, the contributing shareholder may face liability for a shortfall in its capital contribution.
This describes the current practical landscape; it is not advice on any particular financing structure.
