4. Are there differences regarding trademark, copyright and patent licenses, noting any exceptions, e.g., mandatory licensing or standard essential patents?
As noted above, while copyrights and patents are considered intellectual property under the Bankruptcy Code that are governed by the provisions of section 365(n), trademarks are not included. The treatment of trademarks in US bankruptcy cases has been a subject of controversy and the subject of differing viewpoints in court opinions in the United States. In 2019, however, the US Supreme Court provided at least some direction in ruling that a trademark license is not terminated by rejection under section 365 of the Bankruptcy Code, and only represents a breach of contract. The Supreme Court case is Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657 (US, May 20, 2019).