Intellectual Property and Data Protection issues on insolvency

Intellectual property

For many businesses, intellectual property rights (IPRs) represent a valuable asset class. While modern technology businesses, pharmaceutical companies and industrial enterprises may be among those most synonymous with having portfolios of IPR-rich assets, even the most unlikely of companies may have rights which are intrinsic to them and without which they would be unable to operate (or to do so as efficiently or as profitably) or would be significantly devalued.

As a class, IPRs are broad and varied. Depending on the context, there are rights beyond the best known (patents, trade marks and copyright) which may—or may not—be considered strictly to be IPRs, such as database rights, websites and their associated domain names, goodwill and contractual rights allied to IPRs.

Intellectual property issues that may arise on the insolvency of a company

When considering protection of intellectual property rights (IPRs) in the event of an insolvency situation, there are three main areas of protection:

  1. how the rights of a licensor may be protected should

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