Legal Question in Intellectual Property in Washington

In regards to a non-exclusive software license, can the licensor terminate its license agreement with a licensee that is filing for bankruptcy if one of the conditions in the license agreement states it can? Or can this be prevented (by a bankruptcy judge) if the licensee states that getting back to profitability depends on continued use of the software?


Asked on 6/10/10, 11:41 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say you need advice from a bankruptcy attorney, not an intellectual property attorney. When someone files for bankruptcy, there is an automatic stay that essentially freezes the status quo, irregardless of what contract provisions say. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/10/10, 2:56 pm


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