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Sponsored by Lorman Education
Product ID: 401053EAU
Credit & Course Provided by:

Intellectual Property Issues in Bankruptcy

OnDemand Webinar (88 minutes)

Learn how your valuable intellectual property will be affected by another company's bankruptcy.Intellectual-property rights can be among a company's most precious assets, whether they are owned outright or licensed from third parties. It is therefore vital for every company to understand how those rights can be altered or even terminated by bankruptcy. This topic will be of interest to lenders, franchisors, technology firms, and anyone else who wants to know what might happen to intellectual-property rights in bankruptcy.


Hugh McCullough, Davis Wright Tremaine LLP


Basic Principles of Bankruptcy and Intellectual Property

• Intellectual-Property Law in Bankruptcy

• General Effect of Bankruptcy on Rights and Interests of Debtor

• Stay of Actions to Exercise Control Over the Debtor's Property

The Automatic Stay and Its Effect on Licenses

• Nature of the Automatic Stay

• The Breadth of the Stay

• Consequences for Violating the Stay

• Effect on Intellectual-Property Licenses

Compelling Assumption of Rejection

• Nature of a Debtor's Power to Assume or Reject Contracts

• Right to Assume or Reject at the Confirmation of a Plan

• Court's Power to Compel Early Assumption or Rejection

Assumption or Rejection of Licenses When the Debtor Is the Licensor

• The Counterparty's Rights to Continue Using the Licensed Property

• Right to Cure of Any Outstanding Defaults

• Effect of Rejection on Remaining Rights and Duties

• Effect of Section 365(n) of the Bankruptcy Code

Assumption or Rejection of Licenses When the Debtor Is the Licensee

• The Debtor's Right to Continue Using the Property

• Effect on Termination Provisions and Other Powers

Sales and Assignments of Intellectual Property

• Rights to Assume and Assign Licenses

• Sales Free and Clear of Other Interests