The business of licensing -- Ownership and assignment of intellectual property -- The nature of an intellectual property license -- Implied licenses and unwritten transactions -- Confidentiality and pre-license negotiations -- License grant and scope -- Exclusive licenses -- Financial terms -- Development, allocation, and management of IP -- Representations, warranties, and indemnification -- Litigation-related clauses : enforcement, settlement, and dispute resolution -- Term, termination, and breach -- Other licensing terms: the "Boilerplate" -- Academic technology transfer -- Trademark and franchise licensing -- Music licensing -- Consumer and online licensing -- Software, data, and the cloud -- Public licenses : open source, creative commons and IP pledges -- Technical standards : fair, reasonable, and non-discriminatory (frand) licensing -- Bankruptcy and insolvency issues -- Estoppel and no challenge clauses -- First sale and exhaustion -- Intellectual propery misuse -- Antitrust and competition issues -- Intellectual property pools and aggregation.
Summary:
"Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. 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, including exhaustion, first sale, misuse, estoppel, antitrust and bankruptcy law, as well as chapters focusing on specialized fields such as trademark law, music licensing, technical standardization, and IP pooling"-- Provided by the publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.