Podcast Location:
Download it here [file size: 24.1 MB]
Categories:
Insolvency & Restructuring
Intellectual Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to examine the relationship between insolvency and intellectual property rights from various perspectives. It outlines the fundamental procedures in insolvency proceedings, before going on to discuss the consequences of a company’s insolvency on another party holding intellectual property rights in relation to that company. The speaker covers the implications in circumstances where a company co-owns intellectual property rights with another company facing insolvency, and also looks at the acquisition of intellectual property rights from a company subject to insolvency. There is, finally, discussion of the transnational context in relation to insolvency, with consideration made of the impact of the EU Regulation on Insolvency and the implementation of the UNCITRAL Model Law on Insolvency on English law.

Outcomes:
After completing the course you will:
  • Be aware of the main insolvency procedures relevant to the intellectual property field;
  • Understand the intellectual property rights consequences of a company’s insolvency;
  • Be aware of the possibilities and potential pitfalls of acquiring intellectual property rights in relation to companies subject to insolvency procedures;
  • Understand the transnational implications of the EU Regulation on Insolvency and the UNCITRAL Model Law.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • Insolvency Act 1986;
  • Western Intelligence Ltd v KDO Label Printing Machines Ltd (In Administrative Receivership) [1998] B.C.C. 472;
  • EU Regulation on Insolvency (1346/2000);
  • UNCITRAL Model Law on Cross-Border Insolvency.

In this podcast, the consequences of insolvency procedures on intellectual property rights are discussed from a wide range of perspectives. The speaker provides an introduction to insolvency procedures in the UK, before examining what effect a company’s insolvency may have on a party holding IP rights in relation to that company. Consideration is given to the steps which such a party should take to protect its position. In addition, there is discussion of the practical implications of the insolvency of a company which co-owns IP rights, and of the acquisition of IP rights from a company while it is undergoing insolvency procedures. Finally, the impact of the EU Regulation on Insolvency and the more recently implemented UNCITRAL Model Law are considered.

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