International Licensing Agreements
International Licensing Agreements

Author: Michala Meiselles

Publisher: Kluwer Law International B.V.

Published: 2018-10-02

Total Pages: 474

ISBN-13: 9403502134

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Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.

International Trademark Licensing
International Trademark Licensing

Author: Stojan Arnerstål

Publisher: Kluwer Law International B.V.

Published: 2021-08-11

Total Pages: 367

ISBN-13: 9403519207

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Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.

Successful Technology Licensing
Successful Technology Licensing

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2014-07-17

Total Pages: 68

ISBN-13: 9280526332

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This Manual focuses on issues essential for understanding licensing, including: the context in which licensing may occur; key terms of a licensing agreement and negotiation methods; and how to prepare for and negotiate a win-win licensing contract.

Multi-dimensional Approaches Towards New Technology
Multi-dimensional Approaches Towards New Technology

Author: Ashish Bharadwaj

Publisher: Springer

Published: 2018-07-23

Total Pages: 350

ISBN-13: 981131232X

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This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

Antitrust Guidelines for the Licensing of Intellectual Property
Antitrust Guidelines for the Licensing of Intellectual Property

Author: U. S. Department Of Justice

Publisher: Franklin Classics Trade Press

Published: 2018-11-10

Total Pages: 34

ISBN-13: 9780353177758

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Everyday Watercolor
Everyday Watercolor

Author: Jenna Rainey

Publisher: Watson-Guptill

Published: 2017-10-10

Total Pages: 225

ISBN-13: 0399579737

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A contemporary paint-every-day watercolor guide that explores foundational strokes and patterns and then builds new skills upon the foundations over the course of 30 days to create finished pieces. This beautifully illustrated and inspiring guided watercolor-a-day book is perfect for beginning watercolor artists, artists who want to improve their watercolor skills, and visual creatives. From strokes to shapes, this book covers the basics and helps painters gain confidence in themselves along with inspiration to develop their own style over the course of 30 days. Featuring colorful contemporary art from Mon Voir design agency founder and Instagram trendsetter Jenna Rainey, this book's fresh perspective paints watercolor in a whole new light.

Introduction to Business
Introduction to Business

Author: Lawrence J. Gitman

Publisher:

Published: 2024-09-16

Total Pages: 1455

ISBN-13:

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Introduction to Business covers the scope and sequence of most introductory business courses. The book provides detailed explanations in the context of core themes such as customer satisfaction, ethics, entrepreneurship, global business, and managing change. Introduction to Business includes hundreds of current business examples from a range of industries and geographic locations, which feature a variety of individuals. The outcome is a balanced approach to the theory and application of business concepts, with attention to the knowledge and skills necessary for student success in this course and beyond. This is an adaptation of Introduction to Business by OpenStax. You can access the textbook as pdf for free at openstax.org. Minor editorial changes were made to ensure a better ebook reading experience. Textbook content produced by OpenStax is licensed under a Creative Commons Attribution 4.0 International License.