With the global economic recession,the number of licensor bankruptcies has sharply increased.In this situation,there are many legal issues faced,such as how to deal with the license agreement that the licensor enterprise has signed to allow others to use the intellectual property it owns,whether the licensee's rights can be continuously protected,and how the licensees can exercise their rights in bankruptcy proceedings.Nor does the the Enterprise Bankruptcy Law provide appropriate protection measures for such licensees.Therefore,the licensee's increased bankruptcy risk due to the licensor's bankruptcy is an urgent legislative supplement for the licensee in terms of bankruptcy protection measures.In view of this,this article focuses on the protection of intellectual property rights in bankruptcy proceedings by licensees,and combines with foreign legislation on the protection of licensees in bankruptcy proceedings.It systematically reviews the current issues of licensee protection in bankruptcy proceedings in China's judicial practice,and then proposes specific paths for licensee protection in bankruptcy proceedings.
关键词
知识产权许可人/知识产权被许可人/破产程序/破产管理人的选择权
Key words
intellectual property licensors/intellectual property licensees/bankruptcy proceedings/option of bankruptcy administrator
维普
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