QUT Event
19 July 2018
Join the QUT 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.
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.
Chair
Professor Ros Mason, Professor of Commercial Law, QUT Faculty of Law
Speakers
Professor Jason Kilborn: Professor of Law, The John Marshall Law School (Chicago)
Professor Matthew Rimmer: Professor of Intellectual Property and Innovation Law, QUT Faculty of Law
Michael Murray. Co-author of Keay's Insolvency, 10th edition, 2018, with Jason Harris.
