The Impact of Characterization on the Treatment of Intellectual Property Licenses in European Cross–border Insolvencies

Abstract

This study examines the treatment of intellectual property licenses in European cross–border insolvencies from a conflicts of law perspective, highlighting the differences and challenges arising from the heterogeneous legal frameworks. Based on the exclusivity nature of the license, the study analyses the operationality of the European Insolvency Regulation and reveals how its configuration leads to a tripartite fragmentation in the treatment of these contracts, depending on the types of IP rights involved. The study concludes by reflecting on the challenges posed by the European substantive harmonisation project in insolvency matters.