§490:9-321 - Licensee of general intangible and lessee of goods in ordinary course of business.
§490:9-321 Licensee of general intangible
and lessee of goods in ordinary course of business. (a) In this section,
"licensee in ordinary course of business" means a person that becomes
a licensee of a general intangible in good faith, without knowledge that the
license violates the rights of another person in the general intangible, and in
the ordinary course from a person in the business of licensing general
intangibles of that kind. A person becomes a licensee in the ordinary course
if the license to the person comports with the usual or customary practices in
the kind of business in which the licensor is engaged or with the licensor's
own usual or customary practices.
(b) A licensee in ordinary course of business
takes its rights under a nonexclusive license free of a security interest in
the general intangible created by the licensor, even if the security interest
is perfected and the licensee knows of its existence.
(c) A lessee in ordinary course of business
takes its leasehold interest free of a security interest in the goods created
by the lessor, even if the security interest is perfected and the lessee knows
of its existence. [L 2000, c 241, pt of §1]