Publication Announcement: Licensing of Intellectual Property

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.

For more information please visit ResearchAndMarkets.com.