An article published by Bloomberg Law, “Counsel Should Draft IP Agreements With Bankruptcy in Mind,” explores the importance of proactively considering bankruptcy scenarios when drafting intellectual property (IP) contracts.
The piece stresses that in today’s landscape, IP—patents, copyrights, trade secrets, and sometimes trademarks—can be among a company’s most valuable resources for restructuring or debt relief. In-house counsel are encouraged to conduct regular audits and assessments of IP portfolios to identify and safeguard high-value assets well before financial distress arises.
A crucial insight from the article is that the U.S. Bankruptcy Code specifically covers patents, copyrights, trade secrets, and mask works – but notably not trademarks. This difference in statutory protection makes it essential for businesses and their counsel to draft licensing and IP agreements that anticipate the risk of insolvency, ensuring clear guidance for both licensors and licensees.
We’re proud to share that Gurpreet Kaur, Vice President of Intellectual Property at UnitedLex, contributed her expertise to this insightful article.
Read the full article here: Counsel Should Draft IP Agreements With Bankruptcy in Mind
To learn more about the foundational importance of IP assets in corporate bankruptcy scenarios, read Understanding IP Assets is Crucial During Corporate Bankruptcies.
Copyright 2025 Bloomberg Industry Group, Inc. (800-372-1033) www.bloombergindustry.com. Reproduced with permission.
