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In the third of our series on the effect of insolvency on IP licences in the life sciences sector, we look at the position from the perspective of a licensor if a licensee is insolvent and/or goes into an insolvency process. The earlier articles in this series considered, “Why licensors and licensees in the life sciences sector need to be aware of counterparty insolvency” and "What steps can life sciences licensees take to better protect themselves on counterparty insolvency?”.
In order for licensors to best protect their position if a licensee is insolvent and/or goes into an insolvency process, their licence review will need to focus on the issues set out below. Ongoing control of the licensed IP is key.
In our final article in this series, we will consider what happens if a contracting party to an IP licence goes into an insolvency process, both from a practical and legal perspective.
Senior Legal Adviser
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