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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.Read more
- 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
- An instructors' 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
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- 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
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.
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