Abstract:
Business Security Act B.E. 2558 has stipulated that entrepreneurs can use intellectual property as a security for debt. However, that act has a flaw about obligation for value estimation and force to pay the debt from intellectual property. The objective of this research was to study ways to estimate value of intellectual property especially trademark and create rule for value estimation and paying debt from trademark. From comparing law regarding debt security and rule for value estimation of intellectual property in Korea, it was found that application is required to obtain real value of trademark and law about paying debt and enforcement from intellectual property. According to Uniform Commercial Code Article 9 of United States, it shows that the act is open for partner to choose ways to force, especially for intellectual property. The results of this study showed that value estimation of trademark should be done by comparing with market price together with special way to reflect real value of trademark in the market. For paying debt enforcement of trademark, it uses the way that partner can choose including auction, fully or partly sale trademark by auction.