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.

The international transfer of technology is one of the most important features of the global economy. However, the literature on it is sparse. This book encapsulates the author's contributions to this field over the last three decades and provides insights into the manner, mechanisms, and cost of technology transfer across national boundaries and the implications for (the theory of) the international firm.

This essential guide vital new changes by the European Commission to the law governing the enforceability of intellectual property licences in Europe. Agreements which contain the grant of a licence by one party to another of intellectual property rights are subject to European competition (anti-trust) laws. In particular, many agreements containing licences of patent rights and rights in confidential information and technical know-how are caught by Article 81(1) of the EC Treaty, which prohibits agreements between undertakings which prevent, restrict or distort competition in the Common Market. However, because licences of intellectual property rights usually facilitate the transfer of technology from one undertaking to another, and the licensor and licensee will often operate at different levels of the market, many licences of intellectual property rights may benefit from an automatic exemption under Article 81(3) of the EC Treaty. On 1 May 2004, this exemption is being radically overhauled, as part of the European Commission’s drive to modernise European competition law. This book examines the changes in that legislation. The legislation is completely new and there is therefore no existing book on the market The change in the law will require an entirely new approach to the drafting of IP licences The change in the law will require existing IP licences to be re-examined and possibly re-negotiated

The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the modernisation reforms of EC competition law; and (ii) the treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation; the authors discuss their legal basis and, where appropriate, criticise the approach taken by the Guidelines where the legal basis is unsure.

Thirty years ago federal policy underwent a major change through the Bayh-Dole Act of 1980, which fostered greater uniformity in the way research agencies treat inventions arising from the work they sponsor. Before the Act, if government agencies funded university research, the funding agency retained ownership of the knowledge and technologies that resulted. However, very little federally funded research was actually commercialized. As a result of the Act's passage, patenting and licensing activity from such research has accelerated. Although the system created by the Act has remained stable, it has generated debate about whether it might impede other forms of knowledge transfer. Concerns have also arisen that universities might prioritize commercialization at the expense of their traditional mission to pursue fundamental knowledge-for example, by steering research away from curiosity-driven topics toward applications that could yield financial returns. To address these concerns, the National Research Council convened a committee of experts from universities, industry, foundations, and similar organizations, as well as scholars of the subject, to review experience and evidence of the technology transfer system's effects and to recommend improvements. The present volume summarizes the committee's principal findings and recommendations.

This report presents the results of the first international survey on the patenting and licensing activities of public research organisations in OECD countries.