| dc.description.abstract | With the development of the economic globalization, multinational business activities have become a common business pattern. In response to the globalization, most contents of transaction were turned from physical products to intangible products. Intellectual property (IP) belongs to one of the intangible products. IP, containing patent, trademark, copyright, trade secret as well as integrated circuit design, now becomes the most important and valued asset to corporations. Cross-licensing between corporations is especially common.
Recently, some major events like Brexit, the US-China trade war, COVID-19, the “circuit breaker” in the US stocks as well as the negative oil price, have posted potential effects on the global economy. Consequently, corporations around the world fear that those effects would make various kinds of assets fall in value, causing the worldwide economic downturn. Moreover, the decline of demand would cut down supply. In the end, a large number of corporations start to declare bankruptcy. In this situation, when licensing IP, both parties might face enormous and potential risks in that one party’s declaring bankruptcy would directly affect the other party’s rights and obligations. Facing it, we not only should try to avoid risks, but also need to win the strategic advantages in such game. In this day, under the changeable international situation, corporations urge to prevent the cross-border risks and try to adjust their strategies at any time. As a consequence, when there are risks existing in the IP transaction or licensing, it is necessary and extremely important to be intimated with the bankruptcy laws in every country, especially “The U.S. Bankruptcy Code.”
When a multinational corporation, as a debtor, spontaneously or let the creditor declare bankruptcy to the court due to the poor management of that corporation, Transnational bankruptcy would take place. In such case, because of a lot of stakeholders involved in, the complicated legal relationship and other unpredictable situations, how to reach coordination between nations and ensure creditors are treated fairly during the bankruptcy proceedings matter a lot.
In this thesis, I plan to discuss the issue concerning licensing agreement as well as bankruptcy law through the introduction to IP, focusing on the treatment to bankruptcy proceedings of licensing IP according to the U.S. Bankruptcy Code. Furthermore, I am going to discuss the current status and critics toward Taiwan’s bankruptcy proceedings regulated by Taiwan Bankruptcy Law, the draft which was amended as “Taiwan’s 2016 Draft of Debts Clearance Act”. Ultimately, mainly based on IP licensing, I will provide the corporations that face bankruptcy some suggestions about the measures for avoiding and dealing with the risks they might meet. | en_US |