R&I spotlight on intellectual property and data protection

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This Overview guides practitioners to analysis, precedents and checklists on intellectual property and data protection considerations in restructuring and insolvency, with links to relevant materials. IP and data are core value drivers in distressed businesses; managing them compliantly and preserving continuity of rights can determine outcomes.

Key issues include identifying, valuing and securing IP assets (registered and unregistered), perfection and priority of security, and the impact of the Part A1 moratorium and Insolvency Act 1986 section 233B ipso facto restrictions on the continuation of software, cloud and supply arrangements. Practitioners should understand the treatment of IP licences on insolvency of licensors and licensees, assignment and novation constraints, anti - deprivation and pari passu principles, and the enforceability of termination and non - assignment clauses. The regime for registering assignments and security at the UK Intellectual Property Office and Companies House, and implications for pre - pack and going concern sales, are addressed.

On data protection, the UK GDPR and Data Protection Act 2018 continue to apply to insolvency office - holders. Topics include controller/processor status, lawful bases for processing during appointments and sales,...

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