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Intellectual Property Licensing Agreements

For Massachusetts and the International Marketplace

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  • Product Number: 2123558WCH
  • Publication Date: 8/30/2012
  • Edition: 2nd Edition 2012
  • Copyright: © 2012 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    While most licensing publications take a general treatise approach, rarely focusing on state-specific law and practice, Intellectual Property Licensing Agreements is different: It is foremost, a handbook for drafting licenses. This book not only explains how various types of intellectual property are protected, but actually gives you examples of the language that has been used in a variety of real-life licenses that comply with Massachusetts laws and are enforceable in Massachusetts courts.

    This handy reference guides you through the various types of intellectual property that commonly are the subject of licenses, including patents, trademarks, copyrights, trade secrets, trade names, trade dress, and domain names. It offers tips, outlines, and examples for drafting effective license agreements. Drafting concerns are noted for each element of a license contract-from the grant of license clause to the termination provisions. The information contained in this indispensable handbook is backed by authoritative and illustrative federal case law and regulations.

    Recent updates:

    • Update: August 2012

      Dear Subscriber:

      Thank you for choosing to keep updated in the area of intellectual property licensing with this new edition of Intellectual Property Licensing Agreements. Inside, you will find updated material on topics like these:

      APPARENT MANUFACTURER DOCTRINE

      • See Chapter 2, Section 6 for a discussion of this doctrine as it has been set forth in decisions as well as in restatements of the law.
      SHAM LICENSE DOCTRINE
      • See Chapter 3, Section 10 discussion of sham license transactions, which arise when one entity licenses its trademark to a related a related entity and the entity which pays the license fee takes a tax deductions for the royalty payments as ordinary and necessary business expenses. The author cites case law that outlines the doctrine in detail.
      SUBSTANTIVE BUSINESS ACTIVITY
      • Also in Section 10, there is an interesting discussion of substantive business activity. Particular criteria for determining whether a business transaction should be considered to be substantive business activity are set forth in this section.
      EU DIRECTIVES
      • See Chapter 5 for a discussion of the differences between European Union Regulations and European Union Directives and how they can impact licensing agreements.

      We at MCLE trust that you will find this new material useful in your law practice, and valuable in keeping your intellectual property law library current.

      Cordially,

      Maryanne G. Jensen, Esq., MCLE Director of Publications

  • Table of Contents

    Table of Contents

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    Chapter 1 expand

    Introduction to Intellectual Property Licensing Agreements

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    Exhibit A

    - Click-Wrap Software License Agreements Buy Form

    Exhibit B

    - End-User Software License Agreement Buy Form

    Exhibit C

    - Copyright License Buy Form

    Exhibit D

    - Trademark License Agreement Buy Form

    Exhibit E

    - MIT License - The Open Source Initiative Buy Form
    Chapter 2 expand

    Drafting Intellectual Property Licensing Agreements

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    Exhibit F

    - Patent Nonexclusive License Agreement Buy Form
    Chapter 3 expand

    Special Considerations in Licensing

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    Chapter 4 expand

    Overview of Licensing in the United Kingdom

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    Exhibit G

    - Sample End-User License Agreement (UK) Buy Form
    Chapter 5 expand

    Licensing in the European Union and the Federal Republic of Germany

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    Exhibit H

    - License Terms Buy Form
  • Editors & Authors

    Author(s)

    Rachel Bunn, Esq., Waterfront Solicitors LLP, London
    Dr. Alexander Theis, von Kreisler Selting Werner, Cologne