Os efeitos da insolvência nos contratos de transmissão e de licença de direitos de propriedade industrial

Abstract

The present dissertation aimed at analyzing the effects that a judicial declaration of insolvency can produce in the legal sphere of the parts of a transmission agreement and a license agreement of industrial property rights. It’s essential to frame the role these businesses have in the insolvency process, namely by going deeper into the substantive particularities of the alienation and license. In this sequence, we will not let, to carry out an analysis of the insolvency administrator role, nor to assess the effects that result from his options. Currently, the transmission contracts and license agreements of industrial property rights are widely used by companies and, often, the parts agree the aspects related to the possibility of deterioration of the contractual relationship, making it necessary to assess the admissibility of the stipulation of clauses that allow the contractual resolution in the event of insolvency of one of the parts. The pertinence of the answer to such circumstances arises from the direct implications that such contractual provisions have in terms of the operability of art. 119 of the CIRE, which provides to be null the clauses that stipulate this resolutive condition, denying the importance of the issue due to the imperative assigned to the institute.

Date of Award	17 Jan 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Sousa e Silva (Supervisor)