통합도산법상 미이행쌍무계약의 처리 -특허실시계약관련 문제를 중심으로-

Recently, some companies consider Intellectual property rights as more valuable assets. They make a product protecting the Intellectual property Law and sell costly it. But generally licensors who patent Intellectual property rights is not making product. A plant of the making products are expensively. and they do not interest in making it. So License Agreement is prosper. Rule maker did not intent the result of the Lubrizol case in 1985. But the court decided on the contrary to this. So U.S set rules for the licensor in bankruptcy in 1988 and follows Japan .But the Korea Consolidated Insolvency Act does not have any regulations as to protecting the licensee in the bankruptcy of the licensor. Korea should not change the rule. But it is necessary to review related rules. This article deals with follows. What does the feature distinguish between License Agreement and other agreement? Which one is better between U.S system and Japan style?