特許実務 ライセンス・契約 (和書 | 洋書)
更新日 : 2008-02-14
■参考情報
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書籍情報
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目次
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International Licensing and Transfer of Technology: the Practice and the Law will help you:
- Save time in drafting cross-border licensing agreements by providing sample clauses and commentary from leading practitioners throughout the world
- Provide peace of mind and security by ensuring you’re in compliance with country-specific requirements
- Only International Licensing and Transfer of Technology: the Practice and the Law delivers:
- A Master Agreement to be used as a patent license template by parties entering into a licensor/licensee relationship
- Clause-by-clause commentary, both generic and on a country-by-country basis
- Insights into how clauses will likely be interpreted under the systems of the world’s key jurisdictions
- An overview of the legislation, rules and policies regarding and affecting licensing on a country-by-country basis
- Step-by-step explanations of the stages involved in preparing to enter into and negotiating a license agreement, including an in-depth discussion of both licensor and licensee due diligence
- Methods for determining or reliably estimating the value of the intellectual property being licensed
- Coverage of the tax considerations associated with the structuring of an international license
- Insights into antitrust issues that licensing professionals need to take into account when drafting and negotiating an international license agreement
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Section 1: The Role of Royalty Rates in the Licensing Process
Section 2: Royalty Rate Survey 2007: Alphabetical Listing by Licensed Product
Section 3: Royalty Rate Survey 2007: Listing by International Trademark Class
Section 4: Publicly Available Information on Royalty Rates
Section 5: Trends in Royalty Rates
Section 6: Checklist of Licensed Products and Services
Section 7: Comprehensive List of Licensed Products and Services
Section 8: Directory of Licensing Agents and Consultants
Section 9: Glossary of Terms
Appendices: Reported Decisions Involving Royalty Rates
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Chapter 1: Intellectual Property and Corporate Value.
Chapter 2: Licensing Intellectual Property.
Chapter 3: Use of the Twenty-Five Percent Rule in Valuing IP.
Chapter 4: Royalty Rate Guidelines.
Chapter 5: Comparable Licenses.
Chapter 6: Technology Royalty Statistics.
Chapter 7: Trademark and Copyright Royalty Statistics.
Chapter 8: Profit Differentials and Royalty Rates.
Chapter 9: Investment Rates of Return and Royalty Rates.
Chapter 10: Discounted Cash Flow Analysis and Royalty Rates.
Chapter 11: Court-Awarded Royalty Rates.
Chapter 12: Litigation Rates Are Higher.
Chapter 13: Royalty Rate Services.
Chapter 14: Monitoring License Agreements and Financial Compliance.
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How to Use the CD-ROM
Introduction
Overview of Intellectual Property
Why License?: Your Business Decisions
Drafting the License Agreement: Main Legal Terms
Drafting the License Agreement: Payment Provisions
Drafting the License Agreement: Legal Protections
Drafting the License Agreement: Standard Terms
Finalizing and Monitoring Your License
Entertainment, Character, and Merchandising: Copyright and Trademark Licenses
Data and Software Licenses
Licensing Technology: Patents and Trade Secrets
Permissions
Obtaining Permissions
Glossary
Appendix A: Intellectual Property Rights
Appendix B: Licensing
Appendix C: Finding an Attorney and Alternative Dispute Resolution
Appendix D: Permissions
Appendix E: Business Resources
Appendix F: Sample License Agreements
Appendix G: Sample Permission Documents
Index
About the Authors
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I. INTRODUCTION
Introduction
The Development of the Regulatory Framework for IP Licensing in the EC
II. THE NEW FRAMEWORK FOR ANALYSIS OF IP ISSUES
The 'Modernisation' of EU Competition Law Enforcement---the New Analytical Paradigm for Applying Article 81
Applying the Economics-based Approach to Article 81: Assessing Competitive Harm and Economic Benefit
IP Licensing under the New Paradigm
Market Definition
III. APPLYING THE METHODOLOGY TO AGREEMENTS UNDER THE NEW RULES
'Vertical' Agreements for Technology Transfer between `Non-competitors'
Licensing between Competitors
Cooperative Development and Exploitation of Technology---Standard-setting, Technology Pools, and Joint Research and Development
Technology Licensing and Article 82
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Introduction: How to Use This Book
1 Gearing Up to License Your Invention
2 Intellectual Property Protection
3 Ownership Issues for Inventor Employees
4 Invention Financing and Joint Ownership
5 Licensing Agents and Representatives
6 Soliciting Potential Licenses
7 Protecting Confidential Information
8 The Key Elements of Your Agreement
9 Money: It Matters
10 Negotiating Your Agreement
11 Sample Agreement
12 Warranties, Indemnification, and Proprietary Rights Provisions
13 Termination and Post-Termination
14 Boilerplate and Standard Provisions
15 Service Provisions
16 Handling the Licensee's Agreement
17 After You Sign the Agreement
18 Help Beyond This Book
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Part 1 TERRITORIAL COMMENTARIES
Part 2 SCIENTIFIC ISSUES
Part 3 BUSINESS, LEGAL, AND PROFESSIONAL ISSUES
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Definitions
Grant of License
Term and Termination
Royalties
Record Keeping and Reports
Prosecution and Maintenance
Infringement
Indemnification
Export Controls
Use of Licensor's Names
Representations and Warranties
Due Diligence
Confidentiality
Arbitration
Miscellaneous
License Negotiations
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-Book Description
Companies are increasingly looking to their intellectual property (patents, trademarks, formulas, copyrights, brand names, distributions systems, etc.)as a profit center. As they try to extract more value from their holdings, some of which have been left dormant for years, many are looking beyond their own core products to partnerships with outside industries. The intellectual property owners need to know how to exploit their product to the fullest extent.
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-Book Description
Satisfies the longstanding need for a practical, down-to-earth guide to intellectual property licensing
Intellectual property licensing is one of the most crucial, and least understood, income drivers among inventors and high-tech companies. Written by acknowledged experts in the field, Essentials of Intellectual Property Licensing provides managers with a clear, concise overview of IP licensing. In practical, down-to-earth language it clearly explains licensing strategies; deal making; royalties and royalty rates; patent, trademark and copyright licenses; and basic contract law. Managers learn the significance of intellectual property licensing on their bottom lines, and how to value both established and new intangible technologies. And, with the help of case studies and plenty of real-world tips and techniques for structuring and negotiating the best deals, the authors outline a complete step-by-step process for developing and implementing an effective intellectual property program in virtually any type of enterprise.
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