cpc

intellectual property of wound up pvt ltd co.


What will happen to the intellectual properties, like Engineering drawings, technology and Product certifications like CE, ISI, VDE if the company is wound up, due to financial crisis, by the directors themselves or the vendors due to non-payment of debts? Whether the product certification rights/authority will still remain with the directors of the company after company wound up or the rights will go to the entity or person who has take over the company (buy out the wound up company)? Please clarify.

 
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cs

in the winding up process the existence of the company would cease

there may be the situation where this business would be transfered instead of winding up

alternatively the same IPs can be sold to any party vie agreement after observeing due procedure in this behalf

Every thing would depend upon the facts of the case and the adoption of the procedure for the desired option

 

best 

 
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cs

just to add that company alone is the actual owner of all IPs

Directors are not owners

if these IPs not sold  before winding up  or the whole co is not transfered or sold to other party ,these IPs would lapse

 

Best

 
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Corporate Commercial & IP Lawyer

 

Dear Sri,

IP is the sole property of the company. Directors doesn't have individual rights on them. You can definitely sell them through your company. However, it might have to be made accountable when you are winding up the company. Do you have them registered??

We can help you with specialized draft agreements.


For details, Contact

Regards,

Nagaraj

IP & Business Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34

 
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cs

after the windup the property of the company would be distributed equally amongs the share holdersafter providing dues of secured and unsecured creditors

 

monetary value of these IPs would be taken into account during the wind up

 

best

in case of querry

pls contact

pcgautam36531@yahoo.com

 
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Dear Mr. CS and Nagaraja,

Thanks very much for your clarifications. I have got some better idea about the case.

Thanks you.

NSR.

 

 
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