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The EU Cyber Resilience Act establishes cybersecurity as a prerequisite for EU market access, affecting not only hardware products with digital elements but also standalone software. Manufacturers must navigate new conformity assessments, CE marking requirements, and mandatory free security updates during defined support periods. These requirements may force companies to fundamentally rethink their go-to-market processes and pricing calculations.

When a licensor becomes insolvent, licensees face the risk of losing business-critical IP rights as insolvency administrators can elect to terminate ongoing license agreements. This article examines practical protective measures including sublicenses, escrow arrangements, and security interests that can help safeguard licensee interests, while acknowledging their limitations and the strategic considerations necessary when structuring IP license agreements.

The European Parliament has adopted its negotiating position on revising the Sustainable Finance Disclosure Regulation, introducing genuine ESG product categories while providing opt-out options...