도산에서의 특허 라이센시 보호법제에 관한 소고 - 미국법제를 중심으로 -

The trends of technology change rapidly and when managing a knowledge- based business unexpected risk factors such as bankruptcy need careful consideration. Increasingly, one of the most important assets a business can have today is its patent. Therefore, protecting such property to ensure its remaining is an important aspect of a business’ financial makeup. Turning a patent into a marketable and profitable component of a business requires special strategies aimed at protecting the rights of ownership invested in such property. For a business, no matter of its size, to secure competitive power the role of patent is absolutely important. This is especially so for businesses whose financial position is not secure. If a patentee goes bankrupt, the licensee shall be restricted in enforcing its rights due to the preservation for debtor’s property and avoiding power. Moreover, if the custodian or trustee in bankruptcy rescind or terminate the patent license agreement, the licensee shall have no other remedies except right to claim compensation for damages. It is within these contexts that there is a need for the proper establishment of legal protections for the enforcement of patent in bankruptcy under the Korean bankruptcy law. This study aims to examine relevant laws and precedent cases in U.S. in order to compare such findings with those in Korea to develop appropriate measures for protecting licensees.