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Intellectual Property Licensing and Transactions
Theory and Practice

$44.99 (P)

  • Date Published: June 2022
  • availability: Available
  • format: Paperback
  • isbn: 9781009048804

$ 44.99 (P)
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About the Authors
  • 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.

    • In-depth coverage of individual license components such as field of use, royalties, termination
    • Each chapter contains discussion questions and exercises for students
    • Available as Open Access on Cambridge Core
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    Product details

    • Date Published: June 2022
    • format: Paperback
    • isbn: 9781009048804
    • length: 700 pages
    • dimensions: 255 x 176 x 48 mm
    • weight: 1.7kg
    • availability: Available
  • Table of Contents

    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.

  • Author

    Jorge L. Contreras, University of Utah
    Jorge L. Contreras is Presidential Scholar and Professor of Law at the University of Utah S.J. Quinney College of Law. He has over thirty years of experience in intellectual property transactions and licensing, both as a practitioner at a large international law firm and as a leading legal academic.

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