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:
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:
how the rights of a licensor may be protected should a licensee enter an insolvency process
how the rights of a licensee may be protected should the licensor enter an insolvency process, and
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 following list sets out, in simple terms, the most common forms of English IPRs.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234