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Expanding Protection of IP Licensees: Changes to the BIA and CCAA via the Budget Implementation Act, 2018, No. 2

​On November 1, 2019, amendments to the Bankruptcy and Insolvency Act,R.S.C. 1985, c. B-3 (BIA) and the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36 (CCAA) came into force. Among other changes described in our previous publication, these amendments expand the protection offered to intellectual property (IP) licensees in the event that the licensor enters insolvency.

Canada, Copyrights, Designs and trade secrets, Insolvency & Restructuring, Patents, Trademarks, Borden Ladner Gervais LLP, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
Proposed appeal fails to raise broader issues about the intersection of copyright and insolvency law

Nortel Networks Corporation (Re), 2016 ONCA 749

Canada, Ontario, Copyrights, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Copyright infringement, Court of Appeal for Ontario
IP Licence Provided Contractual Right, Not a Property Right in the Asset

Golden Opportunities Fund Inc v Phenomenome Discoveries Inc, 2016 SKQB 306

Canada, Insolvency & Restructuring, Intellectual Property, Litigation, Borden Ladner Gervais LLP, Health Canada, Bankruptcy and Insolvency Act 1985 (Canada)
Changes in Italian security law

Proposed changes in Italian law mean that it should become easier to create certain types of security in Italy and to recover debt. The relevant law is Decree-law no. 59/2016 (“Urgent provisions on insolvency and executive procedures’’) which came into force on 4 May 2016 and which should be converted into binding law by early July.

The main changes introduced by the Decree are as follows:

Italy, Banking, Insolvency & Restructuring, King & Wood Mallesons, Debtor, Debt, Personal property, Default (finance), Secured loan