DUBLIN, Ireland–LAWFUEL – The Legal Newswire – Research and Markets has announced the addition of Licensing of Intellectual Property to their offering.
Licensing of Intellectual Property is the definitive treatise in the field. It provides in-depth coverage not only of standard contract provisions but also of the intellectual property, antitrust, misuse, and common-law and unauthorized copying issues involved in licensing transactions that are not always directly reflected in contract language. These include: implied licenses; the difficult relationship between antitrust and intellectual property; antitrust and misuse limitations on licensing terms; the influence of trade secret protection and patent expiration and invalidation on licensing and royalty terms; licensees’ standing to sue for infringement of licensed intellectual property; and the use of declaratory judgments to challenge the validity of licensed intellectual property. Appendices provide sample patent licensing and Web publishing agreements.
Coverage includes step-by-step guidance and in-depth analysis of: patent license agreements for use with developmental biotechnology; state vs. federal jurisdiction; the standing of co-owners and licensees of intellectual property to sue infringers separately; the federal agencies’ 1995 Licensing Guidelines; the impact of anti-cybersquatting laws and the Digital Millennium Copyright Act; how infringement warranties and indemnities help shape the business transaction; the licensing of commercially valuable technology that may not be patentable; the legal status of the “essential facilities” doctrine; and the validity of field-of-use restraints, exclusivity, territorial restraints, tying, package licensing, grantbacks and other contractual restraints in the United States, Europe and Japan.
Licensing of Intellectual Property also explores: when an involuntary license can be implied; whether, when and how a licensee may challenge the validity of intellectual property; what effect licensing and licensing negotiations may have on declaratory judgments of patent invalidity; when courts may decline to exercise their declaratory judgment jurisdiction; how inevitable confusion affects courts’ willingness to find equitable licenses in trade symbol cases; how “most-favored-licensee” clauses work in practice; and how the Robinson-Patman Act applies to royalties and licenses.
This book is updated as needed, generally two times each year.
Jay Dratler, Jr.
Professor Jay Dratler, Jr. brings to this book the unique perspective of a scientist, engineer, lawyer and law professor. After receiving his doctor’s degree in physics from the University of California in San Diego in 1971, he spent four years working as a scientist and engineer. His work included eighteen months managing the electronics laboratory of a start-up, high-technology company.
Professor Dratler completed his legal education at Harvard Law School, where he graduated magna cum laude in 1978 after serving as Articles Editor of the Harvard Law Review. He practiced law for more than eight years, first with Morrison & Foerster in San Francisco, then in California’s “Silicon Valley” with Fenwick, Davis & West (now Fenwick & West). Dr. Dratler is the Goodyear Professor of Intellectual Property at the University of Akron School of Law, in Akron, Ohio. There he teaches Computer Law, Copyright, Cyberlaw, Introduction to Intellectual Property, Licensing and Trade Secrets, Patent Law and Policy, Cyberspace and Telecommunications Law.
Professor Dratler is the author of three treatises (on licensing, intellectual property and cyberlaw) and a co-author of the leading casebook on licensing. He has written law review articles on patent reform, patents, copyrights, trade secrets, trade dress, and antitrust law, several of which have been published abroad or translated into Japanese or Korean. As a Fulbright Fellow, Professor Dratler taught a course in intellectual property and licensing, in the Russian language, at the Moscow State Institute of International Relations (MGIMO). Through governmental and nongovernmental organizations, he has advised the governments of the Republic of Indonesia and of several former Soviet states on modernizing their intellectual property and business laws. Professor Dratler is a member of the American Bar Association, the American Intellectual Property Law Association and the American Law Institute.
CHAPTER 1 Introduction to Licensing
CHAPTER 2 Invalid Intellectual Property
CHAPTER 3 Involuntary Licensing
CHAPTER 4 Royalties and Other Monetary Consideration
CHAPTER 5 A Brief Primer on Antitrust Law and Misuse Doctrine
CHAPTER 6 The Relationship Between Intellectual Property and Antitrust Law
CHAPTER 7 Common Restrictive Practices in Licensing: An International Overview
CHAPTER 8 Exclusive Licenses
CHAPTER 9 Most Favored Licensees
CHAPTER 10 Allocating the Risks of Infringement
CHAPTER 11 Special Problems in Licensing
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