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2018.07.19 - Technology and Regulatory Black Holes: Issues in Protecting IP...

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OJW Room, S Block, Level 12, QUT Gardens Point Campus

2 George St

Brisbane, QLD 4000

Australia

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Please join the Commercial and Property Law Research Centre for a Public Lecture on Technology and Regulatory Black Holes: Issues in Protecting IP Rights in Insolvency for Both Debtor-Licensees and Licensors. Australia’s emphasis on fostering innovation and entrepreneurship increases the risk that insolvency professionals will be called upon to advise debtors and creditors of a business whose key asset is their IP. As technology makes quantum leaps, law often plays catch up. This topic focuses on the potential for regulatory black holes where insolvency and intellectual property laws intersect. Professor Matthew Rimmer, leader of the Intellectual Property and Innovation Law Program will provide commentary on Professor Jason Kilborn’s paper.

Abstract

In recent years we have witnessed a proliferation of disputes concerning intellectual property rights in the insolvency proceedings of both the licensors and licensees of these rights. Intellectual property rights are often among a business’ most valuable assets, sometimes indeed the nucleus around which a small business’ vitality revolves. The inability of businesses to predictably rely on, manage, and protect the value of those rights is a problem that is sure to become more acute in the coming decades, as both the importance of intellectual property rights and the incidence of business insolvency rise. This public lecture will explore the challenges confronted by the US courts from both the licensor and licensee side of the IP divide, from both debtors and non-debtors invoking both bankruptcy law and intellectual property law, and from both domestic and non-US parties asserting these rights in domestic and cross-border insolvency proceedings in US courts. This multi-vector analysis, will suggest the key questions to be addressed and the optimal compromises to be made in balancing the interests involved, with a view toward maximizing the value of IP rights for not only the parties involved, but for the societies whose law provides such protection.

Speakers

Professor Jason Kilborn
Professor of Law, The John Marshall Law School (Chicago)

Professor Jason Kilborn teaches bankruptcy, commercial and business law, and civil procedure at John Marshall Law School (Chicago) and holds the Van der Grinten Chair in International and Comparative Insolvency Law at the Radboud University Nijmegen in the Netherlands. Professor Kilborn is a leading scholar on the comparative law of consumer insolvency, having written over two dozen articles and a book examining developing consumer insolvency systems in Europe and beyond. He is a co-editor for the Oxford University Press International and Comparative Insolvency Law Series.
Professor Kilborn was appointed an Advisory Commissioner of the Seoul (Korea) Bankruptcy Court’s Administrative Committee, and he has served as a short-term consultant on several World Bank Group advisory projects. He chaired the drafting group for the World Bank’s landmark 2013 Report on the Treatment of the Insolvency of Natural Persons, and he drafted the World Bank Group’s 2018 report, Saving Entrepreneurs, Saving Enterprises: Proposals for the Treatment of MSME Insolvency.

Professor Matthew Rimmer
Professor of Intellectual Property and Innovation Law, QUT Faculty of Law

Professor Rimmer is a leader of the QUT Intellectual Property and Innovation Law (IPIL) Program, and a member of the Digital Media Research Centre (DMRC) the Australian Centre for Health Law Research (ACHLR), and the International Law and Global Governance Program (ILGG). Professor Rimmer has published widely on copyright law and information technology, patent law and biotechnology, access to medicines, plain packaging of tobacco products, intellectual property and climate change and Indigenous intellectual property. He is currently working on research on intellectual property, the creative industries, and 3D printing; intellectual property and public health; and intellectual property and trade, looking at the Trans-Pacific Partnership, the Regional Comprehensive Economic Partnership, the Trans-Atlantic Trade and Investment Partnership, and the Trade in Services Agreement.

Date and Time

Location

OJW Room, S Block, Level 12, QUT Gardens Point Campus

2 George St

Brisbane, QLD 4000

Australia

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