Intellectual Property Licences and Insolvent Licensors in the Life Sciences sector

This article considers the position of a company which is planning to take a licence of Intellectual Property (IP) critical to the development of a drug. What will happen to that licence if the licensor becomes insolvent? Can the licensee mitigate the risk through structuring and/or drafting of the licence? The licensee will need to be able to continue using the IP and monetary compensation for loss of that ability is unlikely to be an adequate remedy.