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Vol 25 No 2 Feb/March 2020

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Intellectual Property Issues in Commercial Transactions

Edited by: Christina Demetriades

ISBN13: 9781847030849
New Edition ISBN: 9780414041936
Published: November 2007
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM
Price: £352.00 + £7.04 VAT

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This authoritative book provides practical guidance on the commercial exploitation of intellectual property from a practitioner’s, rather than from a theoretical or academic, perspective. It deals with the legal and commercial issues that arise in relation to intellectual property in a wide range of business transactions, going beyond licensing and assignment to explain IP issues in situations such as takeovers, joint ventures and franchises.

Each chapter explores a different type of transaction, giving up-to-date, commercial tips for the practitioner on how to proceed, taking into account the practical demands of business clients. It also explains the differences of approach in key European jurisdictions, essential for international exploitation of IP rights.

  • Arranged by the various commercial transactions in which Intellectual Property is relevant, making it easy to track down answers
  • In addition to detailed legal analysis, contains practical examples and case studies to make the issues clear
  • Deals with a broad range of commercial and legal issues, from warranties and indemnities to due diligence, taking security and co-existence agreements
  • Covers tax and competition issues
  • Includes checklists of issues to consider and drafting points – to save time and help ensure nothing is overlooked
  • Features precedents of commonly used documents – both in paper and on an accompanying CD for ease of use
  • Explains – with examples – the differences in approach in key European jurisdictions
All contributors are from Baker & McKenzie.

Intellectual Property Law, Commercial Law
1. Assignment
2. Licensing
3. Acquisitions and Disposals
4. Co-existence Agreements
5. Treatment of Intellectual Property Rights in Franchise Agreements
6. Security over Intellectual Property
7. Managing Intellectual Property Rights - Looking After Your Business Assets
8. Taxation of Intellectual Property Rights
9. Competition Issues in Intellectual Property Transactions

Drafting Notes
Intellectual Property Assignment
Trade Mark Assignment
Copyright Assignment
Patent Assignment
Design Right Assignment
Generic Intellectual Property Licence
Trade Mark Licence
Patent and Technology Licence Agreement
Domain Name/URL Licence Agreement
Trade Mark Co-existence Agreement
Due Diligence and Acquisition Process Checklist
Definition of Intellectual Property
Intellectual Property Warranties (Asset/Share Sale)
Franchise Agreement Sample Clauses