Licensing Intellectual Property: Law and Application

Licensing Intellectual Property: Law and Application
ISBN-10
0735568499
ISBN-13
9780735568495
Series
Licensing Intellectual Property
Category
Law / General
Pages
609
Language
English
Published
2008
Publisher
Aspen Publishers
Authors
Robert W. Gomulkiewicz, Xuan-Thao N. Nguyen, Danielle Conway-Jones

Description

Licensing Intellectual Property: Law and Application is a streamlined and highly accessible casebook on the law of licensing and the application of licensing in practice. The authors painstakingly cover all aspects of licensing from the global: Why is licensing the predominant transaction model for ideas and information? Why and how do social policy decisions limit creative legal practice solutions? To the particular: What are the most common licensing provisions? What are the issues in various types of intellectual property licensing?

This exciting new casebook is imminently teachable and can be used in courses of varying length. The book is user-friendly and accessible to students and instructors of varied backgrounds and levels of expertise. The authors carefully explain the legal and business context for licensing and provide students with a framework that enables them to understand why and how social policy shapes creative legal practice solutions (e.g., limits from fair use, first-sale, and antitrust on contract). The text clearly and concisely enumerates the basic substantive rules of licensing law and underlying policy concerns and explains why licensing is the predominant transaction model for ideas and information and why publishers, inventors, software developers, and others often use licensing as a transaction model. The book goes beyond familiar licensing transactions (e.g., an in-box license and an online "clickwrap" agreement) to explore more sophisticated licenses and what clients (licensor or licensee) are trying to accomplish and why. Alternative transaction models (e.g., first sale, public domain, assignment) are covered so that students can help future clients assess the alternatives and choose the best-fitting transaction model. There is extensive discussion of timely topics such as free and open source software, technology transfers from universities and research institutions and the government, and licensing in litigation. The students are introduced to license drafting through a series of problems and drafting exercises. The authors' website will offer additional drafting exercises and sample language. With its problem- and exercise-based approach, Licensing Intellectual Property: Law and Application is the ideal casebook for the instructor who takes a practice-oriented approach to teach licensing law. An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/gomulkiewicz

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