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Author: Stojan Arnerstål Publisher: Kluwer Law International B.V. ISBN: 9403519207 Category : Law Languages : en Pages : 367
Book Description
Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.
Author: Stojan Arnerstål Publisher: Kluwer Law International B.V. ISBN: 9403519207 Category : Law Languages : en Pages : 367
Book Description
Increasingly, firms use licensing to exploit and commercialize trademarks internationally. In a globalized market, the free flow of goods and services by means of licensing requires detailed knowledge of national legal provisions and principles that apply to agreements of this type. This chapter-by-chapter comparative overview on the law and application of trademark licensing worldwide – including chapters on such key commercial jurisdictions as the EU Member States, the United Kingdom, the United States, Brazil, and Japan – is written by a team of experienced and distinguished attorneys, each representing a particular country. Each contributor describes and analyses legal challenges and offers practical guidance on licensing issues in his or her national jurisdiction. Within this framework, each chapter discusses such issues and topics as the following: country-specific regulations on trademark licensing; particular legal requirements to be complied with prior to entering into a license agreement; antitrust legislation affecting the scope of a license agreement; breach of a trademark licensing agreement; circumstances under which a breach of contract also constitutes a trademark infringement; permitted extent of non-compete or non-challenge clauses; licensee’s standing to sue third parties for trademark infringement; effect of invalidation or expiry of the licensed trademark on the agreement; and licensee’s right to claim entitlement to goodwill in the trademark, or a right to compensation, for investments made in the trademark. Because of the broad range and variety of countries covered, the book will be welcomed by legal practitioners dealing or coming into contact with trademark licensing in practically any jurisdiction. Taken together, the chapters provide invaluable insights into the similarities and differences among the covered jurisdictions, helping trademark holders and their counsel to understand the particulars of a specific market and deciding whether to enter it or not. It will also be valuable as a comprehensive resource for academic researchers or policymakers interested in the international harmonization of intellectual property licensing law.
Author: Neil J. Wilkof Publisher: ISBN: Category : Law Languages : en Pages : 398
Book Description
This work comprehensively covers the legal issues and practical concerns of trade mark licensing in the international context, particularly with regard to the UK and USA. It describes the historical development and current practice of the relevant laws, including the registered user system, quality control, the Lanham Act and the UK 1994 Trade Marks Act. The focus of the work is on types of license agreement, contractual aspects and problems connected with termination. It addresses EC competition law, bankruptcy, product liability and special text considerations, and concludes with an annotated sample trade mark licence, together with extensive cross-references and annotations.
Author: Neil J. Wilkof Publisher: Sweet & Maxwell ISBN: 9780421636309 Category : Law Languages : en Pages : 560
Book Description
Recent years have seen fundamental changes to the law and practise of trade mark licensing. "Trade Mark Licensing 2nd edition" offers a completely rounded perspectivce on the subject, integrating discussion of legal concepts with extensive advice on practical concerns. It provides comprehensive coverage of trade mark licensing under UK and US law, and also considers relevant EU law, including EU competition law and trade mark exhaustion. A detailed sample agreement is included, complete with explanatory notes and cross-references to the main text. This edition also contains new chapters on trade mark licensing in France and Germany, and on domain name+ licensing.
Author: Erik W. Kahn Publisher: ISBN: 9780314195340 Category : Trademark licenses Languages : en Pages : 0
Book Description
Trademark License Agreements Line by Line is a thoughtful and pragmatic guide designed to walk practitioners and those in the licensing business through the legal intricacies of trademark licensing. A recognized expert on trademark law, the author effectively communicates to the reader along a spectrum of topics, from the basic requirements to the more sophisticated aspects of trademark licensing deals. This book covers the economics of trademark licensing, exclusivity, scope of use, quality control, termination and phase out, infringement, franchise and anti-trust, and many other significant aspects of licensing that most lawyers and licensing professionals are likely to encounter. Offering practical advice, identification of critical issues, and best practicesthis book is a must for anyone interested in gaining insight into the world of trademark licensing.on the Board of the New York City Leadership Academy.
Author: World Intellectual Property Organization Publisher: WIPO ISBN: Category : Law Languages : en Pages : 389
Book Description
This book deals with IP issues from a business perspective, focuses in particular on Small and Medium sized Enterprises (SMEs). The topics covered in the 12 modules include the importance of IP for SMEs, trademarks and industrial designs, inventions and patents, trade secrets, copyright and related rights, patent information, technology licensing, IP in the digital economy, IP and international trade, IP audit, IP Valuation, and Trademark licensing.
Author: Michala Meiselles Publisher: Kluwer Law International B.V. ISBN: 9403502134 Category : Law Languages : en Pages : 474
Book Description
Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
Author: Gregory J. Battersby Publisher: Wolters Kluwer ISBN: 9780735525443 Category : Law Languages : en Pages : 1516
Book Description
In the fast-paced, multi-billion dollar licensing industry, you don't have time to reinvent the wheel every time you need to draft or negotiate a strong, enforceable licensing agreement. And now you don't have to ... License Agreements: Forms and Checklists puts at your fingertips -- and on your computer screen -- all the critical tools needed to draft, negotiate, and finalize licensing deals more quickly and effectively: Sixty fully editable sample agreements that can be easily modified to meet your needs in virtually any transaction an introduction to each form that explains its purpose and applicability In-depth analysis of the legal principles you must consider when drafting an agreement, from both the licensor And The licensee perspective and authoritative discussions of 'hot issues' that will likely come up for negotiation and how to handle them Compiled by nationally renowned licensing law authorities Gregory J. Battersby and Charles W. Grimes, this time-saving reference gives you proven-effective agreements that can be used as the starting point For The preparation and negotiation of virtually any licensing transaction. Always Current! License Agreements: Forms and Checklists is completely up-to-date. But to make sure you're always aware of the latest legal developments, you will automatically receive - with no obligation to purchase - supplements and/or new editions on a trial basis. You will be billed separately at the then-current price. Upon receipt, you will have 30 days to purchase or return. Of course, you may cancel this automatic updating and supplementation program at any time by simply notifying Aspen Publishers in writing.
Author: World Intellectual Property Organization Publisher: WIPO ISBN: 9280530542 Category : Law Languages : en Pages : 191
Book Description
This Guide is primarily intended for applicants and holders of international registrations of marks, as well as officials of the competent administrations of the Member States of the Madrid Union. It leads them through the various steps of the international registration procedure and explains the essential provisions of the Madrid Agreement, the Madrid Protocol and the Common Regulations.
Author: Stojan Arnerstål
Author: Stojan Arnerstål
Author: Neil J. Wilkof
Author: Neil J. Wilkof
Author: Erik W. Kahn
Author: World Intellectual Property Organization
Author: Jorge L. Contreras
Author: Michala Meiselles
Author: 
Author: Gregory J. Battersby
Author: World Intellectual Property Organization