Successfully identify, acquire, and transfer rights to protected IP through licensing.
As licensing law is created and revised to keep pace with developer and user needs, Intellectual Property, Software, and Information Licensing: Law and Practice provides the information and the tools to help practitioners develop comprehensive licensing agreements, rectify existing problems, maximize returns within the legal boundaries, anticipate new concerns, and avoid potential pitfalls. Unlike other licensing treatises, which focus on either license drafting or on the theory of license agreements, the authors of this treatise draw from their wealth of professional expertise to develop a balanced treatment that is both theoretical and practical in its approach.
Intellectual Property, Software, and Information Licensing: Law and Practice includes an extensive collection of licensing agreements, in print and on an accompanying CD-ROM, and offers in-depth coverage of such specialized topics as:
- Upstream licensing and Open Source—the only legal treatise that comprehensively addresses Open Source in the licensing of software
- Multimedia and platform licensing
- Bankruptcy issues in licensing
- Tax concerns in licensing
- Misuse and antitrust concerns in licensing
- Federal government procurements and licensing
- Privacy and information licensing—covers court and administrative decisions interpreting the balance between the right to privacy in individual data and the rights of owners of collected and aggregated data
Also included is the 2011 Cumulative Supplement providing updates on the latest cases, including significant decisions from the Ninth Circuit Court of Appeals, which define when a transaction is considered a license and when it is considered a “first sale” and elaborate on the treatment of a license agreement provision; Bimbo Bakeries USA, Incorporated v. Botticella, in which the Third Circuit ruled on the proper inquiry for determining whether to grant an injunction to prevent the disclosure of trade secrets; Integrated Genomics, Incorporated v. Gerngross, in which the Seventh Circuit interpreted “publication” to mean a disclosure to the public in the case of licensing agreement; and many others.