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Insolvency and Bankruptcy Considerations in Software Licensing Transactions ( Canadian Intellectual Property Review, Vol. 21, No. 1)
Date: November 1 2004

Unfortunately, many licensors and licensees do not consider the prospect of insolvency or bankruptcy at the time that they negotiate a software licence agreement. Those that do not consider such matters find that Canadian bankruptcy and insolvency laws, as well as intellectual property laws, do not adequately address the concerns of licensors and licensees. As a result, parties to software licence agreements are left to their own devices in their efforts to manage the risks of insolvency and bankruptcy.

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