Preserving IP Licenses in Cross-Border Insolvencies

//Preserving IP Licenses in Cross-Border Insolvencies

Preserving IP Licenses in Cross-Border Insolvencies

Preserving IP Licenses in Cross-Border Insolvencies

RESOLVED, that IPO supports the adoption, in all countries, of legislation and model laws that enable licensees (and similar rights holders) to preserve intact their existing license rights (and similar rights) in intellectual property, in a form similar to 11 U.S.C. § 365(n) where the licensee agrees to comply with existing royalty obligations, if any, when a licensor enters voluntary or involuntary bankruptcy, reorganization, or insolvency in one or more countries, notwithstanding any sale, transfer, proposed rejection or termination or avoidance of the license, or other transaction by the licensor, or its trustee, administrator, or other successor.