라이센서 파산시의 라이센시의 보호에 관한 연구 － 입법론적 고찰을 중심으로 －

Abstract

It is necessary to protect the licensee in bankruptcy of the licensor. Because the licensee is not protected All that the licensee already have invested- production facilities, employee-are out. It is much harm to not only the licensee but also national economy. So some countries set rules for the licensee in bankruptcy of the licensor in bankruptcy law. But the Korean Consolidated Insolvency Act does not have any regulations as to protecting the licensee in the bankruptcy of the licensor. it is also required to regulate stipulations on legally protecting the licensee as soon as possible. This article focused on the regulations as to protecting the licensee in the U.S. Intellectual Property and Federal Bankruptcy Code and Japanese Bankruptcy Law. I think that the former is more reasonable and will propose that the Korean Consolidated Insolvency Act should make a stipulation as to protecting the licensee in the bankruptcy of the licensor on the basis of the U.S. Intellectual Property and Federal Bankruptcy Code.