What are the consequences of invalidation or expiry of the registration of an intellectual property right on a corresponding licensing agreement in your jurisdiction? Can the licence, if it remains in effect, continue to collect royalties? Can the licensee be free to compete if the licence is not in force? It`s easy to get overboard when you`re asking for guarantees and benefits. It is not reasonable for one of the parties to require or pay an iron guarantee allowance that is not determinative of the licensing and necessary use of licensed content. What are the consequences of the bankruptcy of the taker on the legal relationship with his licensant? and any sub-licensing granted by the licensee? Can the licensee structure its international licensing agreement to terminate it before bankruptcy and withdraw the licensee`s rights? As a general rule, there are no restrictions on forum selection clauses. An exception may be contracts (i.e. an agreement to “take or leave”) in the event of significant differences in the bargaining power of the parties involved. The Bankruptcy and Insolvency Act, RSC 1985, c B-3 (BIA) and the Companies Creditors Arrangement Act, RSC 1985, c C-36 (CCAA) confer extended rights on trustees in the event of bankruptcy to manage the assets of a bankruptcy. An intellectual property license is generally a contractual right and not a property right. An attorney who is bankrupt from the licensee is allowed to refrain from transferring the license to a third party, and in some cases depending on the license. Licensing agreements often give the grantee the right to terminate the licence when the taker commits a bankruptcy deed, and this result may be automatic if the license provides for it. Simply filing a notice from a licensee regarding his intention to file for bankruptcy or filing an application generally does not justify the licensee resigning.

If the licensee suspects that the taker is in default or is about to go bankrupt, it is advisable to consider terminating the licence for reasons (if there is such a reason) before the taker commits a deed of bankruptcy. The transfer of licences by a liquidator may be possible, provided that these transfers are not incompatible with the licensing agreement. There are a number of rights for certain uses and media that museums have recently begun to consider when licensing the content of others. In many of these uses, it is possible that the licensee will allow only a limited extract of the general license and that the use of larger parts or entire works requires an additional separate license, probably for a surcharge. This includes the question of whether the common ownership of intellectual property rights can pose considerable problems and that there should therefore be a contract between the parties that deals with all probable contingencies. As a general rule, the best alternative is to distribute intellectual property rights among the parties, possibly with cross-licensed ones, so that each party is free to use its own intellectual property without having to refer to the other party, unless the provisions of the agreement require it. If the parties are determined to co-own the intellectual property, they should enter into an agreement clearly specifying their respective rights and obligations. The agreement should deal with issues such as the issue. B whether a co-owner has the right to collect revenue from EU intellectual property law without the agreement or participation of the other co-owner, and to be accountable with or without the other co-owner of a portion of those revenues, and to what extent each co-owner is responsible for the costs of the performance.