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The Bankruptcy StrategistLJN NewslettersNewsSections

IP Licenses In Bankruptcy

By Timothy W. Walsh, Gregory Kopacz and Darren Azman
January 31, 2015

Legal uncertainty abounds for intellectual property licensees and licensors when their license counterparties enter the murky waters of bankruptcy. When a licensor hits the skids, a licensee's two primary concerns should include: 1) whether the protections afforded by Bankruptcy Code section 365(n) are available if the debtor-licensor rejects the license; and 2) protecting its rights if the debtor-licensor seeks to sell the intellectual property. By contrast, when a licensee considers filing for bankruptcy, it must consider whether it can assume or assign the license.

Assuming, Rejecting, and Assigning IP Licenses

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