International Licensing and Technology Transfer: Practice and the Law provides an authoritative, single-source commentary on licensing in an international context. The publication is written by practitioners for practitioners, and provides many useful insights into both the law and practice involved in international licensing. Only International Licensing and Technology Transfer : Practice...

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International Licensing and Technology Transfer: Practice and the Law

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Only International Licensing and Technology Transfer : 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;

Review

"This book will serve as an excellent resource for licensing practitioners. Although it is international in scope, it will still be useful for practitioners who only license domestically. By the highlighting of the differences so succinctly, the reader can better understand the fundamental principles underlying practice in the reader's own jurisdiction." "The editors have achieved the unusual- a book that flows relatively seamlessly from one contributor to another. Some clauses are shown to be licensee friendly and some are steps towards a licensor's position and some are designed for the licensor's position. This is very helpful. When the clauses are not so identified, often the commentary will provide insight into the differing positions. Here the strong editorial control has resulted in a highly integrated practical book which will be used continually by practitioners who strive for best practices.This book fills a serious gap in our literature. It will be a highly value resource for the experienced practitioner, for whom there is far to little material available. The strong editorial control has produced a very practical book and makes available complex material in a readily available manner."

"By John T. Ramsay in Les Nouvelles, September 2008"

Table of Contents:

Chapter 1. Introduction
Chapter 2. Licensing Intellectual Property Rights: Legislation, Regulation, Directives and Policies in Australia, Europe, Germany and United States of America
Chapter 3. Preparing to Enter into and Negotiating a License Chapter 4. Determination of Royalty Rates
Chapter 5. Tax Considerations in Structuring International Licensing and Technology Transfer Arrangements in Australia, Germany, United States of America
Chapter 6. Competition Law in Australia, Europe, United States of America
Chapter 7.1 Drafting Patent Licenses: Commentary and Sample Clauses
Chapter 7.2. Patent License Agreements Non-jurisdiction Specific Patent License. Australian Specific Patent License. German Specific Patent License. United States of America Specific Patent License.
Table of Legal Instruments.
Index.
Antitrust Law Issues

Antitrust Issues in Australia

Antitrust Issues in the European Community

Antitrust Issues in the United States

Patent License Precedents and Comments – Non-jurisdiction Specific and National Precedents

Non-jurisdiction Specific Patent License

Australian Patent License

German Patent License

US Patent License

Coverage of Canada, UK, France, Denmark, Finland, Norway, Sweden— and more—coming in future updates!

'Index' (2009), pp. 1–42