Intellectual Property Licensing and Transactions: Theory and Practice

ISBN-13: 9781009048804 / Angielski / Miękka / 2022 / 700 str.

Jorge L. Contreras (University of Utah)

Opis

Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor's manual for this book is currently being developed. If you are interested in receiving updates about the availability of this resource, please contact the author directly. This book is also available as Open Access on Cambridge Core.

Spis treści

Introduction; Part I. Introduction to Intellectual Property Licensing: 1. The Business of Licensing; 2. Ownership and Assignment of Intellectual Property; 3. The Nature of an Intellectual Property License; 4. Implied Licenses and Unwritten Transactions; 5. Confidentiality and Pre-License Negotiations; Part II. License Building Blocks: 6. License Grant and Scope; 7. Exclusive Licenses; 8. Financial Terms; 9. Development, Allocation and Management of IP; 10. Representations, Warranties and Indemnification; 11. Litigation-Related Clauses: Enforcement, Settlement and Dispute Resolution; 12. Term, Termination and Breach; 13. Other Licensing Terms: The 'Boilerplate'; Part III. Industry and Context Specific Licensing Topics: 14. Academic Technology Transfer; 15. Trademark and Franchise Licensing; 16. Music Licensing; 17. Consumer and Online Licensing; 18. Software, Data and the Cloud; 19. Public Licenses: Open Source, Creative Commons and IP Pledges; 20. Technical Standards: Fair, Reasonable and Non-Discriminatory (Frand ) Licensing; Part IV. Advanced Licensing Topics: 21. Bankruptcy and Insolvency Issues; 22. Estoppel and No Challenge Clauses; 23. First Sale and Exhaustion; 24. Intellectual Property Misuse; 25. Antitrust and Competition Issues; 26. Intellectual Property Pools and Aggregation.