Research Handbook on Intellectual Property Licensing
Research Handbook on Intellectual Property Licensing
The goal of the Research Handbook on Intellectual Property Licensing was to explore and to analyse key aspects of the law governing intellectual property licensing contracts and to provide a compilation of opinions from experts coming from different jurisdictions and legal systems on what shall constitute essential elements of intellectual property licensing law.
‘Transactions 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.’
– From the foreword by James E. Malackowski, Chairman and Chief Executive Officer, Ocean Tomo, LLC
Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers: "Doing business internationally ? Probably the first of its kind, this book explores IP licensingacross a range of jurisdictions", The Barrister Magazine
Dr. Raman Mittal, Associate Professor, Faculty of Law, University of Delhi: Book review published in LES Global News
Lucie Guibault, Associate Professor at the Institute for Information Law, University of Amsterdam: Book review published in JIPITEC
Dr Thomas Adam, Simmons & Simmons LLP, Munich Germany Excerpts of the book Review published in IIC (2015), 46:749-75
Werner Stieger, Dr. iur., Rechtsanwalt in Zürich: „Auf dem Weg zu einem international harmonisierten Lizenzvertragsrecht“, published in: sic! 2015, p. 335/p>
Part I – Specific intellectual property licensing policies
Part II – Common intellectual property licensing policies
Part III – Local intellectual property licensing policies
Foreword
Chairman and CEO James E. Malackowski, Ocean Tomo, LLC
Preface
Part I – Specific intellectual property licensing policies
Authors’transfer and license contracts under U.S. copyright law
Prof. Jane C. Ginsburg, Columbia Law School
Copyright licensing: a European view
Prof. Alain Strowel, Facultés Universitaires St-Louis, Brussels
ALI Principles of the Law of Software Contracts: Some Proposals for a Global Software Licensing Policy
Prof. Robert A. Hillman, Cornell Law School / Prof. Maureen O’Rourke, Boston University
Clarifications and complications in enforcing open source software licenses
Prof. Bob Gomulkiewicz, University of Washington
Issues in modern licensing of factual information and databases
Prof. Raymond T. Nimmer, University of Houston Law Center
International patent licensing
Mark Anderson, Shillingford (Oxfordshire)
The licensing of trade secrets and know-how
John Hull, London
Technology licensing between academic institutions and private companies
Prof. Heinz Goddar, Munich
Trademark licensing: the once and future narrative
Neil Wilkof, Tel Aviv
Part II – Common intellectual property licensing policies
Developing socially responsible intellectual property licensing policies: non-exclusive licensing initiatives in the pharmaceutical sector
Peter Beyer, Senior Advisor, Department of Public Health, Innovation and Intellectual Property, World Health Organization
A concept proposal for a model intellectual property commercial law
Lorin Brennan, Los Angeles / Jeff C. Dodd, Houston
Intellectual property licensing agreements and bankruptcy
Dr. Mark Reutter, Zurich
The law governing international intellectual property licensing agreements (a conflict of laws analysis)
Prof. Pedro de Miguel Asensio, University of Madrid
Licensing and arbitration
Prof. François Dessemontet, Saint Barthélemy
Global policies for arbitrating intellectual property disputes
Prof. Jacques de Werra, University of Geneva
Part III – Local intellectual property licensing policies
Intellectual property licensing in China
Prof. Hong Xue, Beijing Normal University
Intellectual property licensing in India
Nikhil Krishnamurthy, Bangalore
Intellectual property licensing in Japan
Prof. Shinto Teramoto, Kyushu University
The need to harmonize intellectual property licensing law: a European perspective
Prof. Jacques de Werra, University of Geneva