is a Partner with Farella Braun + Martel in San Francisco. He has delivered practical, focused, and above all, effective solutions to business and legal issues for owners, managers, investors, borrowers, and lenders in a wide range of fields for over three decades. His practice concentrates on the real estate, wine, and energy industries.
During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key company assets. For companies that license intellectual property from third parties, such as copyrights, trademarks or patents, the bankruptcy of a licensor could have a serious impact on the company’s ability to use those assets, which in turn could materially impair the value of the company assets or significantly hinder a company’s ability to serve its clients. This article will describe the consequences of bankruptcy on licensed intellectual property and outline steps licensees can take to protect their intellectual property rights in the face of a licensor’s insolvency.