Lucina Berger deals with the insolvency of the licensor as well as with the insolvency of the licensee. She gives a detailed description of those insolvency risks which could arise for both sides.

After briefly showing how trademark licences are part of the system of rights in personam and rights in rem, Lucina Berger begins by dealing with the insolvency of the licensor. She gives a detailed description of those insolvency risks which could arise for the licensee and the group of creditors if the trademark owner becomes insolvent and measures these against those ways in which the licensee can guard against these risks when signing the contract. The author focuses on the assessment of the risk that the licence will revert to the licensor and the risk that investments which have been made will be lost. In the second part of the book, she deals with the insolvency of the licensee. Here as well she describes the risks of insolvency for the licensor and the group of creditors and shows how these can be avoided when completing the contract.

Autorentext
Geboren 1979; Studium der Rechtswissenschaften in Würzburg, Bristol (UK) und Tübingen; 2006 Promotion; Referendariat am Landgericht Tübingen.