Associate Tyler S. Dischinger’s article, “Problems in the Code: Section 365(n): A Call for Clarity,” was published in the September issue of the American Bankruptcy Institute Journal. The article is a call to action on various sections of the Bankruptcy Code in order to clarify certain operative sections of the Bankruptcy Code that govern intellectual property licenses in a bankruptcy -- particularly where the IP licensor is a debtor.

Throughout the article, Dischinger suggests ways in which certain subsections of section 365(n) of the Bankruptcy Code are unclear with respect to their interaction with other sections of the Bankruptcy Code. He suggests that this can be remedied through amending certain sections of the code, which will provide a “greater sense of comfort and predictability to IP licensees facing a debtor/licensor bankruptcy.”

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