지적재산권소유자의 파산과 실시(사용)권자의 보호 - 미국과 일본의 입법례를 중심으로 - = The Protection of Licensees in Bankruptcy of the Intellectual Property Licensor - focus on the United States and Japanese Bankruptcy Law -

다국어 초록 (Multilingual Abstract)

Technology companies typically own or license essential intellectual property. Through various contracts such as license agreements, cross-license agreements, technology com panies operate their business using valuable patents, copyrights and software. These con tract are generally deemed "executory contracts" in bankruptcy and are often the most valuable assets an e-commerce or dot.com debtor possesses. However, a bankruptcy filing may strip the value of such executory contracts and cripple a company's efforts to recognize.
The bursting of the bubble company within the last few years and the landslide of bankruptcy filings by big companies have spot lighted the importance of intellectual property assets in bankruptcy cases, especially the licensee will require assurances that continued use of the intellectual property in that case of licensor's bankruptcy. But bankruptcy can noy be predicted, even by a through analysis of the licensor's financial statutes and since the scope of the protection for intellectual property law is often uncertain, other avenues of protection must be investigated.
In 1988, The United States congress amend the federal bankruptcy code for the purpose of intellectual property licensee protection, Congress drafted 11 USC 365(n) to permit a nondebtor licensee to continue using the license notwithstanding its rejection by the debtor/licensor. In 2004, Japanese amend the bankruptcy law following the US model. The writer review the background and effect of such law. The lessons from the US and Japanese legislative history will contribute the future shape of Korea bankruptcy law.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 미국파산법
• Ⅲ. 일본 파산법
• Ⅳ. 결론
• [참고문헌]
• 【ABSTRACT】

참고문헌 (Reference)

1 "미국에 있어서 공개법인 파산사태와 이에 대한 대응" 한국상사판례학회 14 : 2003.

2 "米國倒産法アプロ?チを踏まえたライセンス契約の保護策の檢討" 松雄堂出版 2004.

3 "エレクトロニクスㆍIT 業界におけるライセンス契約と破産等の關係について" 松雄堂出版 2004.

4 "The Elements of Bankruptcy" New York Foundation Press 2001.

5 Jonathan L. Mezrich, "Source Code Escrow:An Excersise in Futility?" 2001.

6 "Software Escrow, a Solution in Ger many" 2004

7 "Selected Intellectual Property Issues Arising in Bankruptcy Cases Presented at the Licensing Executi ves Society" Inc. 39th Annual Meeting 2003

8 "Protecting Your Intellectual property in Bankruptcy Cases The Business Law Section at the State Bar of Michigan's 2002 Annual Meeting" 2002

9 "Introduction to Bankruptcy Law" Thompson Delmar Learning 2005.

10 "E-Government" Sage publications 2004.

11 "Crystallizing the Intellectual Property Licenses in Bankruptcy Act: A Proposed solution to achieve Congress' intent" 1997

12 "Congress passes new legislation protecting licensees of intellectual property?"

13 "Bankruptcy Considerations in Technology Transactions" 23-, 2004