Intellectual property licensing and transactions : theory and practice / Jorge L Contreras, University of Utah.

Format:

Book

Author/Creator:

Contreras, Jorge L., author.

Language:

English

Subjects (All):

Intellectual property.

License agreements.

Patent licenses.

Physical Description:

1 online resource (xxiv, 925 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2022.

Summary:

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, 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. This book is also available as Open Access on Cambridge Core.

Contents:

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.

Notes:

Title from publisher's bibliographic system (viewed on 21 Jun 2022).

ISBN:

9781009058698

100905869X

9781009058896

1009058894

9781009049436

1009049437

OCLC:

1290723407

Access Restriction:

Open Access. Unrestricted online access