Lizenzen in der Insolvenz nach dem Scheitern des Gesetzes zur Einführung eines § 108a InsO

All parties involved are confronted with complex issues if insolvency proceedings are instituted against the assets of a licensor or a licensee. Although the effect of insolvency proceedings on other types of contracts - referring to material items - is generally predictable, any such event affecting one of the parties to the license causes tremendous trouble. These issues are not a result of the German Bankruptcy Code, but of uncertainties in the German license law. Many basic issues of the German license law are still disputed in legal theory and practice, notwithstanding the importance of licensing. These uncertainties also affect insolvency-related legal issues. Thus, the German legislator introduced an additional provision - section 108a (to be inserted into the German Bankruptcy Code) - to regulate any case of licensor insolvency. This provision was meant to ensure the efficacy of licensing contracts in case of an insolvency. However, the provision never became effective due to the fact that the legislative process was not completed within the election period. In any case, the draft of the provision was widely discussed within legal literature.