Intellectual property licensing and transactions : : theory and practice / / Jorge L Contreras, University of Utah.

• VerfasserIn: Contreras, Jorge L.,
• Place / Publishing House: Cambridge, United Kingdom ; New York, NY : : Cambridge University Press,, 2022.
• Year of Publication: 2022
• Language: English
• Physical Description: 1 online resource (xxiv, 925 pages) :; digital, PDF file(s).
• Notes: Title from publisher's bibliographic system (viewed on 21 Jun 2022).; Open Access.

Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered, including exhaustion, first sale, misuse, estoppel, antitrust and bankruptcy law, as well as chapters focusing on specialized fields such as trademark law, music licensing, technical standardization, and IP pooling. This book is also available as Open Access on Cambridge Core.

Table of Contents

The business of licensing -- Ownership and assignment of intellectual property -- The nature of an intellectual property license -- Implied licenses and unwritten transactions -- Confidentiality and pre-license negotiations -- License grant and scope -- Exclusive licenses -- Financial terms -- Development, allocation, and management of IP -- Representations, warranties, and indemnification -- Litigation-related clauses : enforcement, settlement, and dispute resolution -- Term, termination, and breach -- Other licensing terms: the "Boilerplate" -- Academic technology transfer -- Trademark and franchise licensing -- Music licensing -- Consumer and online licensing -- Software, data, and the cloud -- Public licenses : open source, creative commons and IP pledges -- Technical standards : fair, reasonable, and non-discriminatory (frand) licensing -- Bankruptcy and insolvency issues -- Estoppel and no challenge clauses -- First sale and exhaustion -- Intellectual propery misuse -- Antitrust and competition issues -- Intellectual property pools and aggregation.