About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

19 Int'l Insolvency Rev. 1 (2010)

handle is hein.journals/intvcy19 and id is 1 raw text is: 








           The Inter-relationship between

                Intellectual Property and

                International Insolvency


                         Bashar H. Malkawi*t

      Accounting and Commercial Law Program, Facult of Economics, Hashemite Uiversity.



                                  Abstract
Provisions concerning the treatment of intellectual propcety licenses in the insol-
vency context are perhaps frustrating to the 1eensors and licensees of intellectual
property rights in the domestic realm, the dilcultie wrought by the variances in
the laws are much more prevalent when considered in the international context.
Recent efforts at harmonizing internio     insolvency laws have focused on pro-
cedural aspects of cross-border insolvenci , but have failed to amalgamate substan-
tive laws with respect to the tre 1tn t of issets in bankruptcy. The current systems
concerning cross-border insmo)eni   do much to streamline the process by which
such insolvencies are undcirtak, yet do not provide parties contracting in intellec-
tual property rights wit sufficient certainty as to the likely state of adjudication of
those contracted rights inI he event of a cross-border insolvency. Permitting these
parties to invoke bankruptcy selection clauses with respect to the treatment of intel-
lectual properyi 1i inse would be one means ofincreasing the commercial certainty
of these parties. C pyright C 2010JohnWiley & Sons, Ltd.



                             I. Introduction
Intellectual property licenses place special obligations and rights upon contracting
parties. Often, the subject intellectual property ofa particular license can be the basis
for a licensee's entire business model. If the licensor of the rights in that subject intel-
lectual property goes bankrupt, the licensee's rights under the license could be in
jeopardy. Similarly, a non-debtor licensor could face significant losses in royalties
and in control of the intellectual property rights if the licensee files bankruptcy.

*E-mail: bmalkawi@hu.edu.jo             from University of Arizona College of Law in 2001;
tAssociate Professor of Commercial Law. He received  S.J.D. from American University, Washington College
his LL.B. from Yarmouk University in 1999; LL.M.  of Law in 2005.
Copyright ( 2010JohnWiley & Sons, Ltd.                 Int. Insolv. Rev.,Vol. 19:1 22 (2010)
                                        Published online 13 January 2010 inWiley InterScience
                                           (www.interscience.wiley.com) DOI: 10.1002/iir.178

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most