This seminar serves as a follow up to a presentation on this topic at the start of the new millennium. While much time has passed, the interplay between bankruptcy and intellectual property law has not become much clearer. In fact, in many ways it's become more complex. A panel of industry experts will discuss four current issues at the intersection of bankruptcy and Intellectual Property law.
Agenda
1) Confluence of Laws: Intersection of Intellectual Property and Insolvency Worlds
a) Federal law principles regarding IP ownership
b) Interaction with state law ownership rules
c) ROTW trends in security interests, insolvency and IP
2) Conflicts of Laws: International Reciprocity Issues and Mitigation Strategies
a) Qimonda -- application of 365(n) to ex-US patents
b) Mitigation strategies -- drafting around the dangers
c) SPEs, including the use of DE statutory trusts
3) Issues in transferring Intellectual Property in the bankruptcy court
4) Securitization of Intellectual Property so it works
a) Discussion of problem
b) Review of established rules and practices
c) Other strategies, SPEs
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