Peter S. Menell, a Professor of Law at the University of California, Berkeley, School of Law (Boalt Hall) and the Director of the Berkeley Center for Law and Technology, is a highly regarded expert on intellectual property law. I wanted to let you know that he’s just posted a very interesting and comprehensive article on the Social Science Research Network (known as SSRN) reviewing how intellectual property assets are affected by bankruptcy. Having served on a panel with Professor Menell a few years ago, I can attest to his deep knowledge of these issues.
Entitled "Bankruptcy Treatment of Intellectual Property Assets: an Economic Analysis," the article begins with an extensive discussion of patent, copyright, and trademark law and then analyzes the complex interplay between IP and bankruptcy law. Covering a broad range of topics, the article discusses Section 365(n) of the Bankruptcy Code, how assumption and assignment of exclusive and non-exclusive licenses have been treated by the courts, and the issues surrounding the perfection of security interests in intellectual property.
If you’re familiar with bankruptcy, you’ll find the article’s overview of intellectual property law particularly helpful. If you’re familiar with IP law, you’ll benefit from the article’s discussion of how bankruptcy impacts IP rights. If you’re new to both, the article will give you a serious introduction to these legal issues. I recommend the article to anyone looking for a top-flight review and analysis of what happens when intellectual property finds its way into bankruptcy court.