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This Manual focuses on issues essential for understanding licensing, including: the context in which licensing may occur; key terms of a licensing agreement and negotiation methods; and how to prepare for and negotiate a win-win licensing contract.
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.
Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications
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In today's volatile, fragmented technology marketplace, licensing is fast becoming the intellectual property strategy of choice. It affords owners a viable means of maximizing revenue, while providing borrowers with cost-effective, relatively risk-free access to the intellectual property of others. But whether licensing-in or licensing-out, the process is a complex one, involving, among other things, extensive market research, identifying prospects to sell or buy intellectual property, negotiating the best possible deal, and successfully managing the relationship. Until now, there have been no how-to guides offering clear advice and guidance through the entire licensing process. Focusing on the special needs of technology-based industries, How to License Technology arms readers with a total blueprint for developing and implementing effective technology licensing programs. Written in a practical, down-to-earth style and using numerous real-life case studies to illustrate how licensing works in various settings, it takes readers from idea to deal in eight easy-to-understand steps. How to License Technology thoroughly explains the various licensing options now available and covers all practical aspects of the licensing process.
Annotation. For more than a decade, this book has been the definitive guide to franchises and licensing programs. In this third edition, author and prominent attorney Andrew J. Sherman expands his in-depth coverage to include international franchising initiatives. In addition, every chapter has been thoroughly updated to reflect new information on market responsiveness, compliance, and other key issues. The result is a truly global reference that will prove indispensable to companies and entrepreneurs alike. If you're involved in any aspect of franchising and licensing, you can't afford to be without the latest edition of this book. It became the industry standard immediately upon its original publication, opening up enticing opportunities for entrepreneurs as well as presenting new strategic options for corporations. Now the third edition gives it truly global reach. Expanded to include international as well as domestic (U.S.) franchising and licensing, it comprehensively covers the strategic, legal, financial, and operational aspects of these complex but highly profitable business structures.
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