While the United States has been able to protect the growth of intellectual property within its own borders, especially in the context of the Code, the increasingly global economy has left these protections ineffective in international insolvency cases. Current law leaves intellectual property licenses vulnerable to foreign laws that allow debtors to unilaterally and completely cancel the license, contrary to United States law. This severely threatens the continuing growth of intellectual property in the United States. This Comment suggests that § 1506 allows courts to deny comity where needed to protect intellectual property licenses. Doing so will ensure the security of such licenses in a chapter 15 case, thereby promoting a robust licensing market and ultimately encouraging continued investment in the development of intellectual property in the United States.
Daniel A. Nolan IV,
A "Fundamental" Problem: The Vulnerability of Intellectual Property Licenses in Chapter 15 and the Meaning of § 1506,
Emory Bankr. Dev. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol28/iss1/10