Intellectual Property Assets in Bankruptcy

Numerous intellectual property issues face a debtor in reorganization or a trustee in the operation and maintenance of the business for eventual liquidation. Most important of these is the identification, maintenance and protection of assets which might have present or eventual value to the estate. 

Intellectual property assets can include trademarks, copyrights, patents, trade secrets, toll free numbers, domains, and licenses to the foregoing assets. 

One of the challenges in identifying these rights is that many of these forms of intellectual property have protectible value even if they have not been registered.  Since a creditor's ability to recover their claims depends on properly identifying and maximizing the value of company assets, the creditor shares an interest in how intellectual property assets are managed. 

The debtor and the creditors face a morass of questions and decisions. We've listed a few here below. If you need help in this area or have questions, please contact Jorge Espinosa directly.

• What intellectual property belongs to the debtor?
• What rights have been or need to be registered?
• Are there renewal fees or maintenance fees due to preserve existing registrations?
• Are intellectual property assets being infringed?
• Are unregistered intellectual property assets being properly protected?
• Is the estate at risk of litigation from third parties claiming superior rights?
• Are there licenses which are essential to the estate?
•  Is there insurance which might insulate the estate against intellectual property claims?

We also work with debtors in possession, trustees, recievers, and creditors committees to assist them in identifying and preserving intellectual property assets for the estate.  When appropriate we offer trustees low cost procedures for valuating and selling intellectual property assets (including in zero asset bankruptcies).  When necessary we can intercede for the committee of creditors when a debtor's intellectual property assets are not being properly protected. 

By bringing our knowledge of bankruptcy and intellectual property together, we maximize value for the estate and make intellectual property issues transparent and accessible.