Protecting intellectual property rights in order to minimise risk on insolvency
Produced in partnership with Naomi Leach and Maurane van der Stoep of Stephenson Harwood LLP
Protecting intellectual property rights in order to minimise risk on insolvency

The following Restructuring & Insolvency guidance note Produced in partnership with Naomi Leach and Maurane van der Stoep of Stephenson Harwood LLP provides comprehensive and up to date legal information covering:

  • Protecting intellectual property rights in order to minimise risk on insolvency
  • The Key IPRs
  • Registration: what IPRs may be registered?
  • Where to register?
  • Renewal of registration
  • IP powers
  • Protection for the licensor
  • Protection for the licensee
  • Protection for the holder of security
  • Future legislative changes

This Practice Note considers how the rights of stakeholders in relation to different types of commonly held intellectual property rights (IPRs) may be protected in the event of the insolvency of the licensor, licensee or a chargor of the IPRs.

The Practice Note considers three main areas of protection:

  1. how the rights of a licensor may be protected should a licensee enter an insolvency process

  2. how the rights of a licensee may be protected should the licensor enter an insolvency process, and

  3. how a holder of security may protect its interests where the assets of the chargor include valuable IPRs

This Practice Note touches on various aspects of English insolvency law including a brief discussion of the powers of an insolvency practitioner (IP). However, a detailed consideration of the different types of insolvency process available under English law is outside the scope of this Practice Note. See Restructuring & Insolvency for more general information on all insolvency processes.

Unless otherwise stated, the umbrella term ‘insolvency process’ will be used in this note to refer to any of liquidation, administration and administrative receivership, in each of which an IP is appointed in respect of the undertaking and assets of an insolvent corporate entity.

The Key IPRs

The following list sets out, in simple terms, the most common forms of English IPRs.

Registered rights

These rights