earticle

영어

While insolvency of the person or the corporate is being increased, it is expected that insolvency of intellectual property right holders will be also increased. In particular, the need to legally protect a licensee in the area of intellectual property is being more required when a licensor goes into bankruptcy. However, the Korean Consolidated Insolvency Act as of April 1, 2006 does not have any regulations as to protecting the licensee in the bankruptcy of the patentee, even though the U.S. Intellectual Property and Federal Bankruptcy Code has been already established in 1988, and the Japanese Bankruptcy Law in 2004. These mainly focus on protecting the licensee, who puts in the relative weaker in comparison with the licensor in the license contract. Under these circumstances, it is also required to regulate stipulations on legally protecting the licensee in the concerned Act in Korea as soon as possible, when considering the situation that bankruptcy shall be more and more increased in Korean society in the future. Through thoroughly analyzing and reviewing concerned preceding Acts of countries such as the U.S., Japan, Germany, we should stipulate proper provisions to legally protect the licensees in the Korean Consolidated Insolvency Act.