A comprehensive and practical textbook in the field of intellectual property licensing.

"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits

Royalty Rates for Licensing Intellectual Property includes critical information on financial theory, rules of thumb, industry guidelines, litigation based royalty rates, and tables of actual rates from real deals for different industries.

Intellectual Property Licensing: Forms and Analysis is a comprehensive collection of forms, checklists and agreements designed to help attorneys deal with virtually any intellectual property licensing issue.

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.

In addition to adding Jay Dratler, one of America's leading authorities on licensing intellectual property, and Barbara Wrigley, a practitioner with many years experience in the field, to the list of co-authors, the Second Edition of Licensing Intellectual Property in the Information Age (formerly Licensing Intellectual Property in the Digital Age) has been largely redone. Keeping the same basic structure, each chapter has been updated with the most current developments in licensing law. Chapter 2 now works as a much more efficient introduction to intellectual property. Additionally, with the inclusion of the Uniform Electronic Transactions Act in Chapter 8 and an entirely new chapter on Biotechnology, the book is now the most up-to-date and authoritative textbook available. The book emphasizes application in actual situations, with chapters designed to simulate the work flow a lawyer is likely to face in the negotiation, formation, and enforcement of an intellectual property license. The Problem Supplement is a unique addition to this book (see the link below). It contains two types of exercises. The first is a continuous series of problems based on factual scenarios involving a fictitious sports car manufacturer, Contair Corp. These exercises are called "Problems." They are numbered consecutively and keyed to the chapter of the casebook for which they should be assigned. A second set of exercises is entirely separate and does not involve the ongoing Contair hypothetical. These are called "Exercises" and are keyed to the chapter of the casebook to which they are relevant. Additional exercises, such as those involving the distinctiveness of trademarks, are included in Chapter 2 of the Casebook (Overview of Intellectual Property Law), but are not included in the supplement, because they are review exercises and are unlikely to change. To access the On-line Problem Supplement for Licensing Intellectual Property in the Information Age, Second Edition, click here.

Misuse is an increasingly important topic because of the central role intellectual property plays in our economy. The consequences of a misuse finding are severe: unenforceability of the patent or copyright involved, and defense to a suit to recover royalties in a license. The defense continues to arise in patent cases, has led to the dismissal of several recent copyright cases, and is now being asserted in trademark cases. The misuse defense thus represents a nexus of intellectual property and antitrust law and has the potential to affect business practices involving computer copyrights and other areas highly relevant in today's economic environment. This timely handbook covers the origin and development of the misuse doctrine, the debate about its scope and existence in relation to antitrust law, and its present status in patent, copyright, and trademark law. It also gives practical insights into how the doctrine affects both licensing and litigation practice.