1. What does the applicable law provide regarding the treatment of IP license agreements in insolvency proceedings in your jurisdiction?
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1. What does the applicable law provide regarding the treatment of IP license agreements in insolvency proceedings in your jurisdiction? Start Comparison
1 (a). What are the general principles of the treatment of IP license agreements in insolvency proceedings? Is there a difference depending on the type of proceeding (e.g., a court-appointed receivership, a bankruptcy, a restructuring, etc.)?
The Brazilian Insolvency Law (Brazilian Law # 11,101/2005, "BIL") sets forth three types of proceedings as follows: extrajudicial reorganization, judicial reorganization and bankruptcy. None of them contain specific insolvency provisions about IP license agreements.
1 (b). What are the laws governing the treatment of IP license agreements in insolvency proceedings?
The BIL governs Brazilian insolvency proceedings. Note, however, that there is no provision in the BIL regarding IP license agreements.