Charlotte Walden
As a Professional Support Lawyer for the Banking team at CMS, Charlotte monitors developments in law and practice to support our lawyers to deliver exceptional, tailored and pragmatic advice to clients in the lending and debt markets. Charlotte’s role also includes preparing and maintaining the team’s standard form documentation and know how, delivering training and publishing thought leadership pieces.
Prior to joining the Banking Knowledge team, Charlotte was a Senior Associate in the Corporate & Leveraged Finance team at CMS. Charlotte gained over 7 years experience at CMS and other international law firms advising a range of corporates, sponsors and lenders in relation to domestic and cross border corporate, real estate and leveraged finance transactions.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2015
Experience
- CMS Cameron McKenna Nabarro Olswang LLP (March 2021 - Present)
- DLA Piper LLP (October 2018 - March 2021)
- DWF Group plc (October 2013 - October 2018)
Qualifications
- LLB, Law degree (2013)
- Bsc, Sociology degree (2011)
Education
- University of Manchester (2008 to 2011)
- University of Law (formerly College of Law) (2011 to 2013)
1 Contributions by Charlotte Walden
PRACTICE NOTES
Security over intellectual property under English law: lender-focused practical guide to due diligence, creation, registration and enforcement across patents, trade marks, copyright and designs
Introduction
It is ever more accepted that every enterprise holds and deploys some form of IP. Financiers active in markets with IP-heavy companies are paying closer attention to making sure their collateral captures the worth embodied in that IP. The legal position on taking security over IP remains unsettled, requiring lenders to navigate ambiguity. Moreover, charging IP rights can be expensive to establish and challenging to realise. A funder must begin by pinpointing and assessing the borrower’s IP. It should differentiate categories of IP, for instance rights with proprietary attributes and those arising under contracts. It should also appreciate that a firm’s IP is typically interconnected, such as a patent and the related know-how that gives the patent practical value. Finance lawyers must likewise consider the intrinsic nature of the IP and the setting from which its value derives. A central issue is how the lender could monetise the IP if the security is enforced. This assessment underpins any practical and effective approach to enforcing the security. Resolving that in each situation demands insight into how the borrower conducts its business and the role IP plays within it...
IP
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