Prawa własności intelektualnej w masie upadłości. Zagadnienia węzłowe
Intellectual property rights in insolvency estate. Crucial issues

Summary/Abstract: This scientific article deals with the key issues related to the position of intellectual property rights in the insolvency estate. It first addresses issues relating to the inventory of intellectual property rights by the trustee. Next, the author of the article presents the impact of declaration of insolvency on license agreements. That last issue is analyzed from a two-sided point of view. First, the author considers the problem of the trustee’s freedom to terminate a license agreement. Secondly, the article deals with the impact of the sale of the insolvent’s enterprise on the existing license agreements (it is a question of determining whether the license agreement will remain in force in respect of the buyer of the enterprise or will expire). The whole issue is presented with reference to solutions adopted in foreign legal systems. Also foreign legal literature is used in the article. Finally, the author deals with the impact of declaring insolvency on the agreements that the insolvent has concluded with organizations for the collective management of copyright and related rights. In addition to the analysis of the current state of the law in Poland, the author included in the article a number of de lege ferenda postulates.

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