International Licensing Agreements

International Licensing Agreements PDF

Author: Michala Meiselles

Publisher: Kluwer Law International B.V.

Published: 2018-10-02

Total Pages: 562

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.

Successful Technology Licensing

Successful Technology Licensing PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2014-07-17

Total Pages: 68

ISBN-13: 9280526332

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This Successful Technology Licensing (STL) Manual was developed as a response to requests for a user-friendly manual aimed primarily at an audience of businesspersons, technology managers and scientists who are dealing with licensing in the course of their work. Licensing occurs in the context of various business and collaboration relations, such as mergers and acquisitions, joint ventures, research collaboration agreements, joint research and development arrangements, etc.

Reverse Licensing

Reverse Licensing PDF

Author: Manucheh Shahrokhi

Publisher: Praeger

Published: 1987-01-19

Total Pages: 0

ISBN-13: 0275922588

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Reverse Licensing evaluates the transfer of technology to the U.S. as an alternative growth strategy for both small- and medium-sized U.S. manufacturing firms which need new and competitive technology and for foreign firms which are anxious to enter the U.S. market but lack the required resources for export and/or foreign direct investment. The first theoretical research on international technology licensing from the U.S. licensees' standpoint, this book examines reverse licensing as an alternative to reverse investment. In addition, a sample of 120 U.S. manufacturing firms which have actually utilized reverse licensing is used for empirical and statistical analysis.

Exchanging Value

Exchanging Value PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2005

Total Pages: 7

ISBN-13: 928051248X

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Focuses on "the identification and acquisition, or transfer, through licensing, of technology that is owned by another by virtue of an intellectual property right." - page 5.

International Trademark Licensing

International Trademark Licensing PDF

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.