Description
Book Synopsis'The Handbook
brings together a unique collection of world renowned experts providing detailed discussion in every chapter. The brilliance of this collective work is found in its broad two dimensional focus - beyond patents to all key IP assets on the one hand, and country specific discussion for key regions around the world on the other. . . Whether read cover-to-cover as a compilation of current best practice or used as a true reference guide, the Research Handbook on Intellectual Property Licensing
is a must have for anyone seeking to capture value from intangible assets.'- From the foreword by James E. Malackowski
The Research Handbook on Intellectual Property Licensing explores the complexities of intellectual property licensing law from a comparative perspective through the opinions of leading experts.
This major research tool analyses the features of specific types of licensing agreements and also addresses other practical issues which apply across different types of licensing transactions, such as the treatment of licensing in bankruptcy and the use of arbitration for solving licensing disputes. The Handbook ultimately provides a scholarly contribution to the development of global intellectual property licensing policies.
Including transversal and comparative analysis, this Handbook will appeal to intellectual property licensing practitioners, lawyers and intellectual property and contract law academics.
Contributors: M. Anderson, P. Beyer, L. Brennan, P. de Miguel Asensio, J. de Werra, F. Dessemontet, J. Dodd, J.C. Ginsburg, H. Goddar, R.W. Gomulkiewicz, R.A. Hillman, J. Hull, N. Krishnamurthy, R.T. Nimmer, M.A. O'Rourke, M. Reutter, A. Strowel, S. Teramoto, B. Vanbrabant, N. Wilkof, H. Xue
Trade ReviewTransactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important - they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is - particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse way - as academics (and some judges) can all too easily do. Far from it. This book is readable - and anyone concerned with intellectual property licensing should read it and will find it a pleasure to do so. They will also learn a lot about some of the pitfalls and bear-traps to be found around the world. At UCL we have recognised the importance of this subject. This book will be on our students' reading list. --The Rt. Hon. Sir Robin Jacob, UCL Faculty of Laws, UK
IP licensing underpins the information economy. This impressive book brings together leading academic lawyers and practitioners from a range of key jurisdictions to explore a number of major current issues. The book is both thoughtful and practical and it is not afraid to call for greater harmonization of IP licensing law. It is a must have for all those involved in the field. --Simon Stokes, Blake Lapthorn
This Research Handbook provides a valuable mix of practical and theoretical perspectives on IP licensing and will serve as a reference resource for scholars and practitioners in this field of study. --Francesco Parisi, University of Minnesota, US and University of Bologna, Italy
Table of ContentsContents: Foreword James E. Malackowski Preface PART I: SPECIFIC INTELLECTUAL PROPERTY LICENSING POLICIES 1. Authors’ Transfer and License Contracts under US Copyright Law Jane C. Ginsburg 2. Copyright Licensing: A European View Alain Strowel and Bernard Vanbrabant 3. ALI Principles of the Law of Software Contracts: Some Proposals for a Global Software Licensing Policy Robert A. Hillman and Maureen A. O’Rourke 4. Clarifications and Complications in Enforcing Open Source Software Licenses Robert W. Gomulkiewicz 5. Issues in Modern Licensing of Factual Information and Databases Raymond T. Nimmer 6. International Patent Licensing Mark Anderson 7. The Licensing of Trade Secrets and Know-How John Hull 8. Technology Licensing between Academic Institutions and Private Companies Heinz Goddar 9. Trademark Licensing: The Once and Future Narrative Neil Wilkof PART II: COMMON INTELLECTUAL PROPERTY LICENSING POLICIES 10. Developing Socially Responsible Intellectual Property Licensing Policies: Non-Exclusive Licensing Initiatives in the Pharmaceutical Sector Peter Beyer 11. A Concept Proposal for a Model Intellectual Property Commercial Law Lorin Brennan and Jeff Dodd 12. Intellectual Property Licensing Agreements and Bankruptcy Mark Reutter 13. The Law Governing International Intellectual Property Licensing Agreements (A Conflict of Laws Analysis) Pedro A. de Miguel Asensio 14. Licensing and Arbitration François Dessemontet 15. Global Policies for Arbitrating Intellectual Property Disputes Jacques de Werra PART III: LOCAL INTELLECTUAL PROPERTY LICENSING POLICIES 16. Intellectual Property Licensing in China Hong Xue 17. Intellectual Property Licensing in India Nikhil Krishnamurthy 18. Intellectual Property Licensing in Japan Shinto Teramoto 19. The Need to Harmonize Intellectual Property Licensing Law: A European Perspective Jacques de Werra Index