Written By Mark Laugesen, Karma Dolkar and Danish Afroz

This practice note discusses the issues regarding the treatment of intellectual property (IP) in bankruptcies, including the legal effect of ipso facto clauses, trustee's rights in patented articles, copyright and manuscripts, as well as the assignment of copyright and manuscripts. The treatment of IP in the context of CCAA reorganizations, BIA reorganizations, or receiverships is not discussed since, in some key respects, the treatment of IP in those contexts differs from the treatment in bankruptcies. Published by Lexis Practice Advisor Canada – Insolvency.