The ongoing COVID-19 pandemic has profoundly reshaped the global business landscape. Some companies that only months ago seemed unstoppably profitable have been brought to an existential brink by extended lockdowns, supply chain failures, and other obstacles caused by the pandemic. Other companies who have experienced less disruption (or in some cases windfalls) stand at the threshold of opportunity even as they prepare themselves for the challenges of the 'new normal'.
Our IP License Agreements in Insolvency presents answers to some of the most common IP licensing issues arising in insolvency proceedings in 16 key jurisdictions.
- What does the applicable law provide regarding the treatment of IP licenses in insolvency proceedings? What are the general principles of the treatment of IP license agreements? Is there a difference depending on the type of proceeding? What are the laws governing the treatment of IP license agreements in insolvency proceedings?
- Are contractual provisions automatically terminating licenses or automatically transferring licensed IPR to the licensee by virtue of insolvency valid and enforceable?
- What does this practically mean for licensors and licensees? Does a license agreement remain valid during an insolvency proceeding? Is the trustee or receiver obliged to perform the obligations under a license agreement? What can a licensee do to protect its right to use the licensed IPR? Can a licensor prevent a trustee or receiver from selling the insolvent licensee's rights under a license agreement?
- Are there differences regarding trademark, copyright and patent licenses?
- Is there a risk in transferring licensed IPR to a third party in anticipation of an insolvency?
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