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CAUTION: Slippery Road Ahead – Protection and Enforcement of IP Rights in Insolvency

Issued: November 01 2009
While global economic conditions are improving, most businesses are still under considerable pressure. Acquisitions and restructures will continue to dominate the business landscape in the months ahead. In this uncertain environment, how can you maximise the value of your IP rights?
 
 
Critical Checklist For Protecting Your IP Rights in Insolvency

  • Understand the intricacies of taking security over IP assets in acquisitions, restructures or loan scenarios, and the consequences of insolvency for enforcement of IP rights. This could prove to be vital to purchasers, creditors and companies navigating financial difficulty.
  • External administration can have severe effects on a company’s IP portfolio and the rights of the company’s creditors and other contracting parties.
  • It is crucial for lenders to take security over IP assets and to record the interest in accordance with relevant legislation.

 

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