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S. 1626Became Law

Intellectual Property Bankruptcy Protection Act of 1987

(Measure passed Senate, amended)

Amends Federal bankruptcy provisions to provide that if the trustee in bankruptcy rejects an executory contract under which the debtor is a licensor of a right to intellectual property, the licensee may elect to: (1) treat such contract as terminated if such rejection amounts to such a breach as would entitle the licensee to treat such contract as terminated by virtue of its own terms, applicable nonbankruptcy law, or an agreement made by the licensee with another entity; or (2) retain its rights as such rights existed immediately before the case commenced for the duration of the contract and for any period for which such contract may be extended by the licensee as of right under applicable nonbankruptcy law.

Provides that if a licensee elects to retain its rights under such contract, then: (1) the trustee shall allow the licensee to exercise such rights; (2) the licensee shall make all royalty payments due under such contract; and (3) the licensee shall be deemed to waive any right of setoff and any allowable claim arising from the performance of such contract.

Provides that on the written request of a licensee which elects to retain its rights, the trustee in bankruptcy shall: (1) provide to the licensee any intellectual property held by the trustee to the extent provided in such contract; and (2) refrain from interfering with any rights of the licensee, including any right to obtain such intellectual property from another entity.

Provides that unless and until the trustee rejects such contract, on the written request of the licensee, the trustee shall: (1) perform such contract or provide to the licensee such intellectual property held by the trustee; and (2) refrain from interfering with the rights of the licensee as provided in such contract to such intellectual property, including any right to obtain such intellectual property from another party.

Defines intellectual property as: (1) trade secrets; (2) inventions, processes, designs, or plants protected under applicable patent laws; (3) patent applications; (4) plant varieties; (5) works of authorship protected under applicable copyright laws; or (6) mask works (semiconductor chip components) protected under applicable copyright laws.

Became Public Law No: 100-506.

Sen. DeConcini, Dennis [D-AZ](D-AZ)Sponsor
1 cosponsor1 D
1cosponsors2committees27actions1amendments1related bills12subjects
  • Public LawOct 19, 1988
  1. PresidentE40000

    Became Public Law No: 100-506.

  2. BecameLaw36000

    Became Public Law No: 100-506.

  3. PresidentE30000

    Signed by President.

  4. BecameLaw36000

    Signed by President.

  5. FloorE20000

    Presented to President.

  6. President28000

    Presented to President.

  7. Floor

    Measure Signed in Senate.

  8. FloorH37100

    Passed House by Voice Vote.

  9. Floor8000

    Passed/agreed to in House: Passed House by Voice Vote.

  10. FloorH30000

    Called up by House by Unanimous Consent.

  11. DischargeH12300

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  12. Committee5500

    House Committee on The Judiciary Discharged by Unanimous Consent.

    Judiciary Committee
  13. CommitteeH11000

    Referred to Subcommittee on Monopolies and Commercial Law.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  14. IntroReferralH11100

    Referred to House Committee on The Judiciary.

    Judiciary Committee
  15. Floor

    Passed Senate with an amendment by Voice Vote.

  16. Floor17000

    Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

  17. Floor

    Measure laid before Senate by unanimous consent.

  18. Floor

    Star Print ordered Senate report 100-505.

  19. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 929.

  20. Committee

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 100-505.

    Judiciary Committee
  21. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Biden with an amendment in the nature of a substitute. With written report No. 100-505.

    Judiciary Committee
  22. Committee

    Committee on Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Judiciary Committee
  23. Committee

    Subcommittee on Courts and Administrative Practice. Approved for full committee consideration with an amendment in the nature of a substitute favorably.

    Administrative Oversight and the Courts Subcommittee
  24. Committee

    Subcommittee on Courts and Administrative Practice. Hearings held.

    Administrative Oversight and the Courts Subcommittee
  25. Committee

    Referred to Subcommittee on Courts and Administrative Practice.

    Administrative Oversight and the Courts Subcommittee
  26. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  27. IntroReferral10000

    Introduced in Senate

Sep 20, 198835
(Measure passed Senate, amended)

Amends Federal bankruptcy provisions to provide that if the trustee in bankruptcy rejects an executory contract under which the debtor is a licensor of a right to intellectual property, the licensee may elect to: (1) treat such contract as terminated if such rejection amounts to such a breach as would entitle the licensee to treat such contract as terminated by virtue of its own terms, applicable nonbankruptcy law, or an agreement made by the licensee with another entity; or (2) retain its rights as such rights existed immediately before the case commenced for the duration of the contract and for any period for which such contract may be extended by the licensee as of right under applicable nonbankruptcy law.

Provides that if a licensee elects to retain its rights under such contract, then: (1) the trustee shall allow the licensee to exercise such rights; (2) the licensee shall make all royalty payments due under such contract; and (3) the licensee shall be deemed to waive any right of setoff and any allowable claim arising from the performance of such contract.

Provides that on the written request of a licensee which elects to retain its rights, the trustee in bankruptcy shall: (1) provide to the licensee any intellectual property held by the trustee to the extent provided in such contract; and (2) refrain from interfering with any rights of the licensee, including any right to obtain such intellectual property from another entity.

Provides that unless and until the trustee rejects such contract, on the written request of the licensee, the trustee shall: (1) perform such contract or provide to the licensee such intellectual property held by the trustee; and (2) refrain from interfering with the rights of the licensee as provided in such contract to such intellectual property, including any right to obtain such intellectual property from another party.

Defines intellectual property as: (1) trade secrets; (2) inventions, processes, designs, or plants protected under applicable patent laws; (3) patent applications; (4) plant varieties; (5) works of authorship protected under applicable copyright laws; or (6) mask works (semiconductor chip components) protected under applicable copyright laws.

Aug 7, 198700

Intellectual Property Bankruptcy Protection Act of 1987 - Amends Federal bankruptcy provisions to provide that, until and unless a trustee assumes an executory contract or unexpired lease under which the debtor has granted rights in intellectual property, the trustee may not interfere with the grantee's rights: (1) to deal with the intellectual property, as provided in the contract or lease; (2) to gain access to or possession of any information or property in existence which the contract or lease provided would be made available to the grantee; and (3) in the case of a trademark, trade name, service mark, or similar intellectual property, to permit existing grantees to continue the quality assurance procedures of the licensor.

Requires that, in cases where the debtor is the grantee under the executory contract or unexpired lease, the trustee, the debtor, and the grantor maintain the confidentiality of any protected information obtained pursuant to the contract or lease to the extent required by applicable nonbankruptcy law.

Intellectual Property Bankruptcy Protection Act of 1987 — Informed