China Judicial Reforms Are Creating Opportunities For Technology Transfer And Licensing
By Judge LUO Xia With the development of science and technology great distances in the past have been made unbelievably short. This is the achievement of the progress of human civilization. The historical experiences of both China and other countries have once again proved that culture needs exchanging, the legal theory and practice need exchanging […]
Recent U.S. Court Decisions And Developments Affecting Licensing
By John Paul and D. Brian Kacedon U.S. Supreme Court Upholds Ban on Post-Expiration Royalties in Patent LicensesIn the 1964 decision Brulotte v. Thys Co., the U.S. Supreme Court held that a patent owner cannot receive royalty payments that “accrue” after a patent expires. Under this ruling, the patent owner cannot receive royalties for a […]
Writing Licenses And Other Agreements—Some Tips Based On Over Fifty Years Of Mistakes And Confusion (Mostly Others’, But A Few Of Mine)
By Robert S. Bramson The Skills Required for Negotiating and Drafting ContractsDrafting any sort of agreement requires three skillsets. Just being a smart lawyer isn’t enough. The skillsets are:
Opportunities And Challenges For Expanding Technology Transfer In United Arab Emirates (UAE)
By Ahmed Alosi, Ph.D., John Fraser and Michael J. Martin The UAE is a relatively young country (established in 1971) with enormous per capita wealth and a strategic goal as expressed in their 2021 vision: “To translate from an economy based on fossil fuel to a Knowledge-Based Economy.” Universities can assist in strengthening the Innovation […]
To What Extent Are University IP Policies Legally Binding? Part 2: Students
By Philip Mendes In Part 1 the extent to which a university IP policy is legally binding upon a university’s staff was considered. In this part we consider that question in relation to students, both undergraduate, and postgraduate. The IP policies of universities and research organizations (for brevity, the term “university” is employed, and refers […]
Licensing In Cosmetics: A Practical Approach
By Jean-Yves Legendre The worldwide cosmetic market is estimated around 180 billion € (sell-in price) and is dominated by historical, large international corporations (L’Oréal, Unilever, Coty, Procter & Gamble, Shiseido, Johnson & Johnson, Estee Lauder). However, despite a global, steady growth of about three percent per year, this market covers many diverse regional and local […]
Patent Royalties And Competition Law: The Genentech Judgment Of The Court Of Justice Of The European Union
By Patricia Cappuyns and Jozefien Vanherpe On 7 July 2016, the Court of Justice of the European Union (“CJEU”), the highest court in Europe, held that a requirement to pay royalties for the licensed use of patented technology for the entire duration of the license is not contrary to competition rules in the event of […]
Allocating Risks And Rewards In Collaborative Agreements Using The Financial Structure
By Matthew W. Sagal and Gene Slowinski Open Innovation (“OI”) is a well-accepted methodology that allows two or more firms to combine technical and other resources to achieve their marketplace objectives. The OI relationship is called an “alliance.” The firms are often referred to as “partners,” although use of that term does not imply a […]
NSFW: Naked Licensing And Uncontrolled Trademark Use
By Luke S. Curran The nucleus of trademark owners’ post-registration operations centers on protecting and enforcing those rights against unauthorized use by third parties. Conversely, much less attention is afforded to addressing the potential for inadvertent loss of rights when employed by authorized third parties.
Bankruptcy-Related IP Valuations: Consider The Use Of Market Approach
By Robert F. Reilly Licensing executives and other intellectual property (IP) professionals (for purposes of this discussion, called “analysts”) are sometimes asked to provide IP valuation and related analyses within the context of a commercial bankruptcy or other type of commercial litigation. Within the commercial bankruptcy environment, the analyst could serve as a transaction adviser, […]
