Treatment of intellectual property in the bankruptcy legal framework of the GCC states
Bashar Malkawi Legal Counsel, Government of Dubai Legal Affairs Department

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Bashayer Almajed Associate Professor of Law, Kuwait University

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The Gulf Cooperation Council (GCC) states have made a number of efforts to reform bankruptcy laws in recent years. The modernization of bankruptcy law in GCC countries presents the question of how IP assets and bankruptcy proceedings relate and intertwine. Problems for insolvency proceedings centre on valuation. An even more complicated but extremely common scenario is when the IP is licensed. Licensing effectively creates a new ‘sub-bundle’ of rights from the original property rights. Another issue is the classification of a licence and whether it is a property right or a contractual right, or some type of hybrid creature. Complications are exacerbated by the fact that many IP licence agreements will contain an ipso facto clause. The purpose of this article is to address these issues by examining the laws of the UAE, Kuwait and Saudi Arabia, and how IP assets are treated in bankruptcy proceedings.

Contributor Notes

Bashar Malkawi has an LLM from the University of Arizona and an SJD from the American University, Washington College of Law.

Bashayer Almajed holds LLMs from Sorbonne Université Paris 1 and from Queen Mary University of London, an MSc from Kuwait University and a PhD from the University of Leeds. The views of the authors in this article are their own and do not reflect the views of their respective organizations.

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