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Licensing of Intellectual Property
Jay Dratler, Jr.
Licensing of Intellectual Property is the authoritative online legal forms database in the field. It contains an exhaustive collection not only of ordinary agreement requirements but also of the intellectual property, antitrust, misuse, and common-law and illicit copying issues implicated in licensing dealings that are not always specifically contained in contract provisions.
Issues include: indirect licenses; the complicated association connecting antitrust and intellectual property; antitrust and misuse restrictions on licensing stipulations; the power 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 confront the legitimacy of licensed intellectual property. You will find sample patent licensing and Web publishing agreements contained in this database.
These forms address issues related to the following:
- Patent license agreements for use with developmental biotechnology
- State vs. federal jurisdiction
- Standing of co-owners and licensees of intellectual property to sue infringers separately
- Federal agencies' 1995 Licensing Guidelines
- Impact of anti-cybersquatting laws and the Digital Millennium Copyright Act
- Infringement warranties and indemnities
- Licensing of commercially valuable technology that may not be patentable
- Legal status of the "essential facilities" doctrine
- Validity of field-of-use restraints, exclusivity, territorial restraints, tying, package licensing, grantbacks
- Contractual restraints in the United States, Europe and Japan