Profit from Intellectual Property : The Complete Legal Guide to Copyrights, Trademarks, Patents, Permissions and Licensing Agreements
by Idra, RonFormat: Paperback
Pub. Date: 2003-08-01
Publisher(s): Sourcebooks Inc
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Summary
Licensing is a multi-billion dollar industry. More people than ever are involved with intellectual property transactions and arrangements in everyday business. Anyone using, selling, transferring, giving, or obtaining permissions to use a product protected by intellectual property law can benefit from this book. It serves as an introduction and guide to reviewing, writing, and negotiating most of the licenses and agreements necessary to turn intellectual property into profit.
Author Biography
Ron Idra received his law degree from the New York University School of Law, where he served as an editor for the N.Y.U. Law Review. He currently practices intellectual property law in New York City and acts as a copyright and trademark consultant for many large corporations James L. Rogers received his law degree from Suffolk University. He has written extensively on a wide range of legal subjects. Rogers has worked for several law firms and a biotechnology company concerning patent and related intellectual law property matters
Table of Contents
| Using Self-Help Law Books | p. IX |
| Introduction | p. XIII |
| Overview to Intellectual Property | p. 1 |
| Basics of Intellectual Property | |
| Patents: Protecting New and Unique Inventions | |
| Copyright: Protecting Artistic Expression | |
| Trademarks: Indicating Business Source | |
| Trade Secrets: Confidential Business Information | |
| Other Rights and Laws Related to Intellectual Property | |
| Legal Authority for Intellectual Property | |
| Nature of Agreements | p. 31 |
| Defining Agreements | |
| Negotiating Agreements | |
| Enforcing Agreements | |
| Essentials of a License Agreement | p. 41 |
| Introduction and Definition of Parties | |
| License Grant | |
| License Term | |
| Payment Provisions | |
| Parties' Signatures | |
| Sample License Agreement | |
| License Commentary | |
| Business Decisions | p. 55 |
| Should You License? | |
| Who Are the Parties? | |
| Who is a Potential Licensor or Licensee? | |
| Which Intellectual Property will be licensed? | |
| What can the Licensee Do? | |
| Will the License be Exclusive or Nonexclusive? | |
| What will the Payment Be? | |
| What is the Term of the License? | |
| How can the License Be Terminated? | |
| Will any Services be Performed? | |
| License Agreement: Main Terms | p. 73 |
| Defining the Terms and Using Schedules and Exhibits | |
| Defining the Parties to the License | |
| Determining the Beneficiaries to the License | |
| Drafting the License Grant | |
| Determining the Extent of the Licensed Property | |
| Deciding the Scope of the Licensee | |
| Putting It Together | |
| License Term & Termination | |
| License Agreement: Payment Provisions | p. 89 |
| Pricing the License, Fairly | |
| Fixed Payments | |
| Royalties | |
| Other Royalty-Related Terms | |
| Additional Business Terms | |
| License Agreement: Legal Protections | p. 101 |
| Representations and Warranties | |
| Indemnification | |
| Limitation of Liability | |
| Insurance | |
| Protection of the Licensed Property | |
| Third Party Infringements | |
| Confidentiality | |
| Force Majeure | |
| Bankruptcy | |
| Injunction | |
| License Agreement: Standard Terms | p. 115 |
| Assignment | |
| Successors | |
| Choice of Law and Jurisdiction | |
| Alternative Dispute Resolution | |
| Notices between the Parties | |
| Severability and Waiver | |
| Entire Agreement | |
| Modifications | |
| Relationship between the Parties | |
| Headings | |
| Counterparts | |
| Monitoring Your License | p. 129 |
| Before You Sign | |
| Performing and Monitoring Your License | |
| Modifying or Terminating Your License | |
| Software Licenses | p. 137 |
| Types of Software Licenses | |
| Software-Specific Provisions | |
| Structure of the Software License | |
| Common Restrictions on Licensee | |
| Limited Warranties for the Software | |
| Software Maintenance and Service Provisions | |
| Updates and Future Versions | |
| Source Code Escrow | |
| Documentation and Technical Information | |
| Licensing Technology: Patents and Trade Secrets | p. 149 |
| Licensing Patents | |
| Technology License Provisions | |
| Technology Cross-License | |
| Copyright & Trademark Licenses | p. 157 |
| Copyrighted Works | |
| Trademark Licenses | |
| Merchandising Licenses | |
| Permissions | p. 165 |
| Permission vs. License | |
| Works Covered by Copyright | |
| Works Covered by Trademark | |
| Obtaining Permissions | p. 175 |
| Written Works | |
| Photographs, Graphic Art, and Artwork | |
| Musical Works | |
| Film and Video | |
| Performances and Speeches | |
| Penalties for Copyright Infringement | |
| Trademarks | |
| Explanation Of Terms of the Permission Request | |
| Optional Terms to a Permission Request | |
| Cost of Permission | |
| Glossary | p. 201 |
| General Resources | p. 207 |
| Licensing | p. 211 |
| Finding An Attorney | p. 217 |
| Permissions | p. 219 |
| Business Resources | p. 223 |
| Sample License Agreements | p. 225 |
| Sample Permission Documents | p. 259 |
| Index | p. 267 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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