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Life after insolvency

Thursday, March 16, 2017 @ 8:00 PM | By Alan Macek

Intellectual property rights can be the lifeblood of a company. The insolvency of a licensee or licensor can cause havoc, or at least significant uncertainty with intellectual property rights. Who can continue to use the intellectual property rights, what royalties flow, and can intellectual property rights be licensed or used by someone new are all questions faced during an insolvency.

During an insolvency under the Bankruptcy and Insolvency Act (BIA) or Companies’ Creditors Arrangement Act (CCAA), there is significant power to disclaim or resile from contracts,...