To protect your intellectual property, it is important to first identify it and then carefully assign it to the appropriate assets within your company. Registration of your intellectual property assets can provide additional protection in this regard and is even necessary in some cases (such as trademarks). In addition, it is always advisable to set up a proper corporate law structure to secure IP rights, with matching internal licenses.

When a company goes bankrupt, IP rights are often part of the bankruptcy estate managed by the trustee. The trustee may decide to sell these rights to pay off debts. However, if the IP rights are housed in a holding company and have only been made available to the operating company through an internal license, then it is more likely that these rights will remain with the original owner. This keeps the IP rights out of the reach of creditors and the consequences of bankruptcy. This emphasizes the importance of a well thought-out business structure and licensing strategy.

It is advisable to regularly review your IP portfolio to ensure that it is up-to-date and aligned with the needs of your business. Managing intellectual property is an ongoing process and requires proactivity. Work with an experienced IP lawyer to ensure that your IP portfolio is protected and utilized to its fullest potential.