Crystallizing the Intellectual Property Licenses in Bankruptcy Act: a proposed solution to achieve Congress's intent

Article Abstract:

The 1988 Intellectual Property Licenses in Bankruptcy Act has failed in its goal to prevent abuse of executory contract rejection. A two-part judicial test should be created to evaluate a debtor's request to reject. The test's first part should evaluate the consequence of rejection to the debtor and creditor, and then deny rejection according to disproportionate harm. The test's second part should evaluate intent to ensure nonbankruptcy law is not violated.

United States, Intellectual property, Judicial process

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Undoing privatization? Russian bankruptcy law and privatization

Article Abstract:

The 1998 Russian Bankruptcy Law prevents privatization and market competition when it allows the state to take control of corporations the state wishes to protect. The state may retain ineffective management in the corporations. The Bankruptcy Law should encourage failing corporations to be taken over by creditors and shareholders. The Bankruptcy Law can be an effective tool in transforming the Russian economy if used correctly.

Russia, Privatization, Privatization (Business), Bankruptcy reorganizations, Bankruptcy reorganization

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