Legal Question in Intellectual Property in United Kingdom

Right of Purchaser of IPR of Software to get license fees from the licensee of b

An entity was granted a license to use a software by the Licensor as per an agreement which automatically gets renewed every year.

Licensor sold the IPRs in the software to a third party before it became bankrupt. The license agreement was not assigned to the third party purchaser. License fee was paid by the Licensee to the Licensor until the quarter in which it filed bankruptcy.

What are the rights of the third party purchaser of the Software over the Licensee who is still using the software without paying the license fee to anyone? Can the third party purchaser claim license fee from the date of assignment of IPRs to it from the Licensee independently of the license agreement?


Asked on 6/19/03, 6:34 am

3 Answers from Attorneys
Anil Kumar Tandale T.Anil Kumar

Re: Right of Purchaser of IPR of Software to get license fees from the licensee

The purchaser does not get any rights.

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Answered on 7/15/03, 9:41 pm
Umesh Bhagwat Bhagwat&Co.

Re: Right of Purchaser of IPR of Software to get license fees from the licensee

Since the licensor sold the IPRs to the third party before he sold the company the third party purchaser has no rights on the software.

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Answered on 6/19/03, 7:18 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Right of Purchaser of IPR of Software to get license fees from the licensee

The Agreements of the nature you referred to in your query are generally very exhastive and conver almost all the contingencies. Therefore, unless terms and conditions contained in the agreement in question are carefully read, expressing an opinion is not possible.

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Answered on 6/21/03, 3:20 am


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