International Commercial Agreements: An Edinburgh Law Guide

By Michala Meiselles | Go to book overview

6
International Licensing Agreements

Contents
Overview230
Glossary231
I Intellectual property defined231
II Intellectual property law defined232
III The role of intellectual property law232
IV The role of intellectual property232
V The concerns of the different actors232
VI Characteristics of intellectual property rights233
VII Main categories of intellectual property rights233
VIII The role of international licensing agreements237
IX The role of licensing238
X General format of a licensing agreement238
XI Main categories of international licensing agreements239
XII Licensing a patent239
XIII Licensing a trade mark240
XIV Licensing a copyright241
XV Technology transfer agreement241
XVI Franchising241
XVII The principal’s benefits under a licensing agreement246
XVIII The licensee’s benefits under a licensing agreement246
XIX General concerns of the parties247
XX Governing law under European Union law251
XXI Checklist of provisions252
XXII Front of the contract253
XXIII Body of the contract254
XXIV Boilerplate clauses272
XXV Back of the contract272
Summary273
Useful links273
Further reading273
Notes274
OverviewThis chapter looks at the various issues that
concern international licensing agreements.
Firstly, it reviews the fundamental charac-
teristics of intellectual property law, looking
at the definition of intellectual property,
the importance of intellectual property
rights and the characteristics of certain of
these rights. Secondly, it reviews the role of
international licensing agreements, explor-
ing the different types of agreement that
exist, as well as the benefits and concerns of
the parties to such agreements. Thirdly, it
looks at the key provisions that contracting
parties should consider including within an
international licensing agreement.By the end of this chapter the reader
will have a better understanding of
the fundamental characteristics of intel-
lectual property law;
the role of international licensing
agreements;

-230-

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International Commercial Agreements: An Edinburgh Law Guide
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Acknowledgements x
  • Table of Cases xi
  • Table of Statutes xiv
  • Preface xix
  • Guide to the Book xxi
  • 1- Planning an International Commercial Agreement 1
  • 2- Drafting an International Commercial Agreement 35
  • 3- International Sales Agreements 68
  • 4- International Distribution Agreements 112
  • 5- International Agency Agreements 164
  • 6- International Licensing Agreements 230
  • 7- International Instruments Governing International Commercial Agreements 282
  • Index 312
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