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Research Handbook on Intellectual Property Licensing 2nd ed (eBook)

Edited by: Jacques de Werra, Irene Calboli

ISBN13: 9781035369461
Published: August 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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Also available as
Hardback
9781839108730
£240.00

This second edition of the Research Handbook on Intellectual Property (IP) Licensing explores the multiple facets of IP licensing law from a global and comparative perspective through the opinions of leading experts.

The Handbook combines an in-depth analysis of various specific types of IP licensing agreements (including FRAND licensing of Standard Essential Patents and data licensing) with a presentation of other topics of both dogmatic and practical relevance affecting all types of IP licensing transactions, including competition law and bankruptcy law. The Handbook goes beyond the analysis of classical substantive issues and discusses the treatment of IP licensing under international investment law and the use of commercial arbitration for solving international IP licensing disputes.

The Handbook ultimately aims to offer a scholarly contribution to the development of global or regional IP licensing laws and policies. By opening innovative transversal, comparative and policy perspectives, this Handbook will appeal to a wide audience including IP practitioners, lawyers and IP and contract law scholars globally.

Subjects:
Intellectual Property Law, eBooks
Contents:
Foreword by Sonja A. London xvii'
Research Handbook on Intellectual Property Licensing: an introduction xviii

PART I TRANSVERSAL IP LICENSING ISSUES'
1. Intellectual property licensing and competition law 2'
Andreas Heinemann and Giulia Mara Meier'
2. Intellectual property licensing agreements and bankruptcy 27'
Mark Reutter'
3. The law governing international intellectual property licensing agreements (a conflict of laws analysis) 52'
Pedro A. de Miguel Asensio'
4. Intellectual property licensing under international investment law 72'
Christopher S. Gibson and Henning Grosse Ruse-Khan'
5. IP licensing issues arising in international commercial arbitration 96'
François Dessemontet'
6. Successfully arbitrating intellectual property disputes: practical and procedural considerations 109'
Jacques de Werra

PART II IP-SPECIFIC LICENSING ISSUES'
Section A: Copyright and data licensing
7. Authors’ transfer and license contracts under US copyright law 131'
Jane C. Ginsburg'
8. Copyright licensing: a European view 156'
Alain Strowel, Solène Festor de Suremain and Bernard Vanbrabant'
9. Clarifications and complications in enforcing open source software licenses 177'
Robert W. Gomulkiewicz'
10. Contractual freedom and fairness in EU data sharing agreements 195'
Thomas Margoni and Alain Strowel'
Section B: Patent, trade secrets and technology licensing
11. International patent licensing 218'
Mark Anderson and Agnieszka Wozniak'
12. Licensing of standards-essential patents on FRAND terms 244'
Jorge L. Contreras'
13. The licensing of trade secrets and know-how 265'
John Hull'
14. Technology licensing between academic institutions and private companies 287'
Heinz Goddar'
15. Socially responsible intellectual property licensing: the case of the Medicines Patent Pool 299'
Nataliya Omelchuk and Kelvin Nguyen'
Section C: Trademark licensing and character merchandising
16. Trademark licensing between differences and convergence: a comparative and critical overview 314'
Irene Calboli'
17. Character merchandising licensing agreements 335'
Irene Calboli and Gabrielle Armstrong

PART III SELECTED REGIONAL AND NATIONAL PERSPECTIVES'
18. Licensing intellectual property rights in Africa: focus on ARIPO selected member states and South Africa 369'
Martha Kabaira Chikowore'
19. Intellectual property licensing in China 393'
Hong Xue'
20. Intellectual property licensing in India 407'
Nikhil Krishnamurthy and Gautam K.M.'
21. Intellectual property licensing in Japan 429'
Shinto Teramoto'
22. Intellectual property licensing in the Federative Republic of Brazil 446'
Benny Spiewak

PART IV GLOBAL OR REGIONAL HARMONIZATION OF IP LICENSING LAW'
23. A concept proposal for a model intellectual property commercial law 461'
Lorin Brennan and Jeff Dodd'
24. European IP license contract law: a model for data sharing transactions? 487'
Mary-Rose McGuire