Download or read book Conflict of Law Problems of Trademark License Agreements written by Friedrich-karl Beier and published by . This book was released on 1982 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trademark License Agreement written by John Jansky and published by . This book was released on 1964 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law and Practice of Trademark Transactions written by Irene Calboli and published by Edward Elgar Publishing. This book was released on 2016-02-26 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

Download or read book Trademark License Agreements Line by Line written by Erik W. Kahn and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trademark License Agreements Line by Line is a thoughtful and pragmatic guide designed to walk practitioners and those in the licensing business through the legal intricacies of trademark licensing. A recognized expert on trademark law, the author effectively communicates to the reader along a spectrum of topics, from the basic requirements to the more sophisticated aspects of trademark licensing deals. This book covers the economics of trademark licensing, exclusivity, scope of use, quality control, termination and phase out, infringement, franchise and anti-trust, and many other significant aspects of licensing that most lawyers and licensing professionals are likely to encounter. Offering practical advice, identification of critical issues, and best practicesthis book is a must for anyone interested in gaining insight into the world of trademark licensing.on the Board of the New York City Leadership Academy.

Download or read book Intellectual Property Misuse written by and published by American Bar Association. This book was released on 2000 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Drafting Negotiating and Enforcing Trademark Copyright and Software Licensing Agreements written by and published by . This book was released on 1998 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Licensing Digital Content written by Lesley Ellen Harris and published by American Library Association. This book was released on 2009-06 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an overview of issues surrounding electronic media access licenses for librarians.

Download or read book Protecting Brand Equity written by Laura Victoria Jelinek and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "To increase the profit ratio of trademarks, licensing has become similarly more important for many companies: more and more companies sell services or products under a trademark that they have licensed from another company, relying on the higher likelihood of consumer acceptance, especially if the trademark is already established on the market. The increased number of contractual relationships has, however, also led to a heightened interdependence of the individual companies, especially if one of the parties of a licensing agreement files for bankruptcy and the interests of both parties are brought into a conflict. Section 365(n) of the Bankruptcy Code protects licensees of intellectual property in the event of the licensor's bankruptcy, so that a licensee can choose to continue using the licensed invention. Section 365(n), however, does not provide protection for trademark licenses. This paper argues that given the developments in both bankruptcy and trademark law, the exclusion of trademark licenses from the protecting provision in Section 365(n) of the Bankruptcy Code is unwarranted. This paper evaluates the case for extending protection to trademark licensees, and considers the prospects of extending protection to trademark licensees through judicial action, and the ideal shape of legislative reform. It argues that trademark licensees should be granted protection in licensor bankruptcies similar to that enjoyed by licensees of other types of intellectual property. Further, the "quality control" rationale for treating trademarks differently justifies, at most, extending protection to licensees under certain conditions, rather than denying it altogether. Lastly, the paper argues that trademarks have in recent decades gained more of the qualities of assets or property, and should be treated as such in bankruptcy. In the event of a licensee's bankruptcy, Section 365(c) of the Bankruptcy Code prohibits the trustee from assigning an executory contract if applicable non-bankruptcy law excuses the non-debtor party "from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession." Some of the circuit courts have applied the "hypothetical test," which means that if applicable law prevents a debtor from hypothetically assigning the contract to a third party, then Section 365(c) also bars the assumption of the contract. Other courts have adopted the "actual test." They apply the exception of Section 365(c) only to cases where the trustee actually intends to assign the contract to a third party rather than assuming it for itself. Courts that adopt this test argue that, although it may be less conform to the literal meaning of the statute, their reading follows the general policy of the Bankruptcy Code. A third group of courts has created a special exception for debtors in possession, arguing that the language of Section 365(c) only applies to trustees but does not bar assumption from a debtor in possession. A more uniform resolution of the problem that is applicable to trademark licenses as well as to patent and copyright licenses is necessary to give them more certainty about the outcome of a possible bankruptcy. This thesis argues that the test that has been developed in the In re Footstar-decision, which allows the debtor-licensor to retain the license, is more in accordance with the overall policies of the Bankruptcy Code and thus seems appropriate"--Leaves iii-iv.

Download or read book International Copyright written by Paul Goldstein and published by Oxford University Press, USA. This book was released on 2013 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Copyright is an indispensable reference work for professionals involved with international intellectual property transactions or litigation. It is essential reading for scholars and for intellectual property practitioners worldwide. This edition provides new sections on contributory liability of intermediaries and on collective rights management.

Download or read book Exchanging Value written by World Intellectual Property Organization and published by Wipo. This book was released on 2005 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book EU Copyright Law written by Irini Stamatoudi and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 1303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and updated second edition addresses the rapid development of EU copyright law in relation to the advancement of new technologies, the need for a borderless digital market and the considerable number of EU legal instruments enacted as a result. Taking a comparative approach, the Commentary provides comprehensive coverage and in-depth commentary on each of the EU legal instruments and policies, both from an EU and an international perspective. Alongside full legislative analysis and article-by-article commentary, the Commentary illustrates the underlying basic principles of free movement and non-discrimination and provides insights into the influence of copyright on other areas of EU policy, including telecoms and bilateral trade agreements.

Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book WIPO Intellectual Property Handbook written by and published by World Intellectual Property Organization. This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.

Download or read book Enforcement of Intellectual Property in European and International Law written by Christopher Wadlow and published by . This book was released on 1998 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to many tax regimes affecting pension schemes, whether approved or unapproved, and whether established within or outside the UK. Comparisons are made between pensions and other investment media, and a section traces the development of pension provision and taxation through the Finance Acts

Download or read book Yearbook of Private International Law written by Andrea Bonomi and published by sellier. european law publ.. This book was released on 2009-04-17 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.