5. Is there a risk in transferring licensed IPR to a third party in anticipation of an insolvency?
Yes. The third party may have to transfer the licensed IPR back to the respective party of the license agreement. The Bankruptcy Act prohibits discrimination against the creditor group by a debtor who, within a legally defined period of up to 5 years prior to the opening of bankruptcy proceedings or prior to the granting of the debt-restructuring moratorium, cooperates with a creditor or third party in order to grant this creditor an undue, unjustified pecuniary advantage in the subsequent case of bankruptcy, composition agreement or seizure, or to reduce the liquidation assets by selling the pecuniary advantage to a third party.