New Developments in IP Licensing under German Insolvency Law

The German Federal Ministry of Justice recently published a proposal to amend the German Insolvency Code to provide substantial additional clarity to the rights of parties in the event of the insolvency of a German licensor of intellectual property. If implemented as proposed, such rules would significantly improve the position of licensees in the licensor’s insolvency.

The attached memorandum summarizes the implications of the German Federal Ministry of Justice’ proposal.