Licensing Agreements Research Articles

Economic and legal prospects of activation of science parks activity on the way to neoeconomics

Butnik-Siverskiy О. Economic and legal prospects of activation of science parks activity on the way to neoeconomics. The author researches and substantiates by generalizing the scientific points of view improving the legal regulation of the created science parks on the initiative of higher education institutionsand / or research institutions, taking into account the economic and legal prospect of intensifying their activities. National and foreign experience of science parks activity is considered. The content of using the founding agreement on creation of a science park and the agreement on partnership of business entities witha science park is provided. Problems that have not yet been resolved in the process of creating science parks and using innovative developments are noted. The classical content of entrepreneurship in innovation is provided and considered from the standpoint of clarifying the content of the innovation structure, which is based on the commercialization of intellectual property rights by their types, which is a part of the intellectual capital cycle with a corresponding effective result. There is substantiated the procedure of formation of the statutory capital of the science park, to which higher educational institutions and / or scientific institutions cannot use intellectual property rights to the objects, created at the expense of budgetary funds, but can only under the conclusion of a license agreement with business entity, having non-state and state form of ownership as transferred assets, which does not require the alienation of the object of intellectual property rights as part of intangible assets. It is proposed to use the target budget funds as the initial start-upcapital, which is provided on reverse terms to the state budget in case of closure (liquidation) of the science park by the decision of the founders or on the basis of a court decision. Alternatively, in the absence of target budget funds, it is proposed as a source of money to contribute to the statutory capital of the science park as a start-up capital to send part of the special fund of the state budget. It is justified the creation of a technology transfer office, which will be a structural unit of higher education institutions and / or research institutions, which will deal with the process of filing and reviewing a patent application and subsequent licensing. It isnoted that the science park can be the founder (co-founder) of small innovative enterprises and enter into partnership agreements with them for the implementation of certain innovative projects.Keywords: intellectual and innovation environment, science park, founding agreement, statutory capital, intellectual property rights, license agreement, legal status

Catch-up and Time shift as ways to use copyright and related rights

Zerov K. Catch-up and Time shift as ways to use copyright and related rights. Based on the provisions of the current Ukrainian legislation and the legislation of the European Union, the legal nature of the Catch-up right and the Time Shift right is investigated, and their place among other ways of using objects of copyright and related rights is determined as a combination of the right of reproduction and the right of communication to the public. The right of reproduction is applicable in the case of Catch-up right and Time Shift because when recording on the server of the software service provider of the broadcasting and (or) broadcasting program, theirnew fixation is created. The right of communication to the public is applicable in the case of Catch-up right and Time Shift because it combines «an act of communication» — uses a specific technical means different from that of the original communication, and is aimed at the «public.» In the case of Catch-up right and Time Shift, it is irrelevant whether the potential recipients access the communicated objects through a one-to-one connection because this technique does not prevent a large number of persons from having access to the same work at the same time.It was determined that these rights are granted to program service providers and other persons who retransmit programs of a broadcasting organization based on license agreements, which are paid and additional to the main contract for retransmission of a broadcasting organization's program. Moreover, the rights to Catch-up and Time Shift are limited in time (usually up to 7 calendar days for Catch-up and 24 hours for Time Shift from the moment of live broadcast). In the absence in the agreement of the conditions regarding the type of license, territory, and term of the agreement, the general provisions set out in Part 4 of Art. 1109, part 7 of Art. 1109 and part 3. Art. 1110 of the Civil Code of Ukraine, are appliable respectively. But usually these conditions may be different and more limited from the main license agreement for retransmission, for example Catch-up and Time Shift are geo-targeted to a specific area.Key words: Catch-up, Time Shift, communication to the public, reproduction, IPTV

Proposing a Library Consortium Model for National Development in Zimbabwe

Globally library cooperation and collaboration is transforming the scholarship landscape as academic libraries battle to survive amidst escalating costs of subscriptions. Zimbabwe is no exception to this phenomenon as evidenced by the development of local consortia for resource sharing. The main purpose of the research is to gather the views of librarians on the need for a library consortium to support national development in Zimbabwe. The researcher used a mixed method approach. Zimbabwe does not have national library consortium for nationwide access to information. Such a consortium is key to harnessing the collective buying power of member institutions to negotiate and guarantee license agreements for digital content. The study recommends a federated library consortium model built on lessons learned from other countries. The model elevates library consortium principles of cooperation and collaboration into Zimbabwe’s national development agenda.

Protecting IP Licenses and Jointly Owned IP in the Age of COVID-19: Insolvency and Force Majeure Events under Japanese Law

This article provides an overview and discussion of a multitude of issues that are relevant for IP licensing under Japanese law. The authors recap the results of the legislative process that predominantly addressed the IP licensee’s position in the case of a licensor's insolvency, including the 2020 amendment to the Japanese Copyright Act, and examine whether a comprehensive reform of IP licensing regulations in Japan would be preferable to also offering better protection to trademarks, trade secrets and data licensees. Given that Japanese companies often agree on jointly owning IP generated in the process of software development and other co-development projects, we analyze the risks of joint ownership compared to non-exclusive licenses. To further illustrate such risks that may be even more significant in cross-border constellations, we conduct a comparative study on the actions that a party commissioning the development of new software can take without obtaining the software developer’s consent under Japanese, US and German patent and copyright law. Furthermore, we examine certain unresolved issues that may arise in the case of a party’s insolvency or the impact of force majeure events, and provide suggestions on how to address these when drafting and negotiating IP license agreements.

Features of the Licensing of Open-Source and Closed-Source Software

The article presents a study of the features of licensing regulation of circulation of computer programs with open-source and closed-source software. The widespread dissemination of computer programs has caused the need to regulate their circulation, including the use of licensing mechanisms. The objective of this article is to analyze the features and highlight the differences of license agreements used for open-source software, on the one hand, and with closed-source software, on the other hand. The importance of legal regulation of software circulation, including the establishment of license agreements, is shown. The classification of computer software according to the availability of the source software is given, and the influence of this feature on the choice of the type of licensing agreement is shown. Examples of license agreements for common software products are considered. The practice of regulating software circulation by means of licensing in several countries has been studied. Conclusions are drawn on the possibility and expediency of considering global experience to improve Russian legislation.

Methodic principles of intellectual property management in the formation of enterprises’ strategic partnerships

The article is dedicated to the issues of intellectual property management in the strategic partnerships of enterprises. Intellectual property is type of partner contributions in partnership, but important question is its appropriate use and protection. In case of joint use of technologies of technological transfer companies use licensing, which allows realize interests of partnership’s participants and aim their goals in efficient way. Licensing requires careful analysis of both own interests, possibilities and potential partner, carrying out works related to the preparation, concluding an agreement and its realization. In the article stages of preparation and design of agreement are described. On the first stage procedure of due diligence is necessary for evaluation of partner and identification of prospect of partner activity. It is noticed that during negotiations partners should describe all aspects of further activity, their obligations, rights and responsibility. Attention is paid for content of license agreement and its points. In particular, licensing subject, main terms and conditions of license should be clearly defined. Important part of agreement is point about sphere of using licensing technology and its territorial area. Agreement provides terms of payment (lump, royalty or both) and technical support from licensor. The article states that agreement should be oriented on definition of actions which are basic of partnership and provide its functioning. Terms of technical support, audit, and information transfer should be highlighted in license agreement. It is noted that agreement should predict partners’ relations after its expiration and define how know-how, confidential information, sub-licenses will be managed.

Opus 12's CO2 transformation and the importance of collaboration

Opus 12's CO2 transformation and the importance of collaboration

What's Your Stake When Engaging in Licensing? A Comparison Between Standard and Partnership-Embedded Licensing Strategies

When engaging in licensing, companies may either use standard agreements or may embed the licensing deals into broader partnerships. Whether these alternative schemes are more frequently associated with particular types of licensors and licensees and whether they imply different outcomes for the two parties is still underinvestigated in the relevant literature. Inspired by this, our exploratory study, enriched by 341 observations of licensing contracts signed between 1990 and 2010, addresses these research gaps. Aiming at this, this article offers a full-fledged analysis, encompassing an in-depth overview of the overall licensing deals, a detailed description of the licensing parties’ profiles, and a t-test comparison of licensing parties’ traits both at the time of the licensing deal and after the deal, in the two different regimes. Further, it presents a complementary econometric exercise for assessing the impact of the two alternatives for both the licensor and the licensee. The study shows that, in general, licensors are more inventive and less specialized than licensees, and that licensors and licensees engaging in standard licensing have a higher knowledge overlap than firms engaging in partnership embedded licensing. The difference is also remarkable in terms of the outcomes of the different license agreements measured through patenting activity: the licensor is more likely to guide the invention process in standard licensing contexts, while the licensee is more likely to guide it in the opposite scenario.

PERLINDUNGAN HUKUM PEMEGANG LISENSI HAK CIPTA MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA (Analisis Putusan Nomor 14/Pdt.Sus.Hki/Cipta/2018/Pn-Niaga Sby)

ABSTRACTThe main problem in this thesis is the rampant violations of cinematographic works by several parties illegally, such as what happened in the case in Decision Number 14 / Pdt.Sus.Hki / Cipta / 2018 / Pn-Niaga Sby which could harm a license holder of the work. . The purpose of this study was to determine the legal protection of copyright license holders from copyright infringement and to find out the basic analysis of the judges' considerations and decisions in the dispute of Decision Number 14 / Pdt.Sus.Hki / Cipta / 2018 / Pn-Niaga Sby.This research method uses a normative juridical approach. The juridical normative in this study has two sources of law, namely primary and secondary sources of law. The primary source of law refers to Act No. 28/2014, on the Copyright. The theory used in this research is the theory of legal protection and the theory of intellectual property rights.The results of this study indicate that the regulation regarding legal protection has been regulated in Act No. 28/2014, on the Copyright, the problems in the judge's decision in decision Number 14 / Pdt.Sus.Hki / Cipta / 2018 / Pn-Niaga Sby, the panel of judges rejecting the defendant's exception and granting the Plaintiff's Lawsuit. Some forms of evidence used in this case are a license agreement for the work which is the object of violation.Keywords: Legal Protection, Infringement, Copyright, License Holder.

PROBLEMS OF COMPLEX DEVELOPMENT OF THE RESOURCE REGIONS, FOR EXAMPLE THE UTILIZATION OF ASSOCIATED PETROLEUM GAS

The paper identifies the main promising directions and conditions for increasing the level of efficiency in the use of associated petroleum gas in Russia. It is shown that the state strategy aimed at ensuring a 95% level of APG utilization is feasible in the development of a comprehensive system of incentives for companies, primarily in the use of the latest technologies and equipment for APG processing, as well as in fulfilling the requirements of licensing agreements.

Digital Consumer Contract Law without Prejudice to Copyright: EU Digital Content Directive, Reasonable Consumer Expectations and Competition

Abstract The EU Digital Content Directive sets out to facilitate the cross-border distribution of digital content and ensure a high level of consumer protection by harmonising certain aspects concerning contracts for the supply of digital content. The Directive acknowledges the variety of licensing agreements involved in the distribution of digital content, such as between the holders of intellectual property rights, intermediaries and end-users. It is recognised that the consumer’s use of digital content could be restricted under end-user licensing agreements pursuant to intellectual property rights; at the same time, the Directive is without prejudice to other EU law, including copyright. Rather, under Art. 10, the consumer is entitled to remedies from the trader of digital content for lack of conformity where restrictions resulting from a violation of intellectual property rights prevent or limit the use of the content. As the traders of digital content frequently are not the owners of intellectual property rights but rely themselves on a licence, the question arises as to the potential implications of Art. 10 for digital content markets. This paper discusses two such potential implications. The first is whether the efforts to safeguard reasonable consumer expectations could be undermined by the Directive leaving the arrangements between traders and intellectual property right holders out of scope. The second is whether Art. 10 could reinforce the network effects and dominant position of the established players on the market.

WRF4PALM v1.0: a mesoscale dynamical driver for the microscale PALM model system 6.0

Abstract. A set of Python-based tools, WRF4PALM, has been developed for offline nesting of the PALM model system 6.0 into the Weather Research and Forecasting (WRF) modelling system. Time-dependent boundary conditions of the atmosphere are critical for accurate representation of microscale meteorological dynamics in high-resolution real-data simulations. WRF4PALM generates initial and boundary conditions from WRF outputs to provide time-varying meteorological forcing for PALM. The WRF model has been used across the atmospheric science community for a broad range of multidisciplinary applications. The PALM model system 6.0 is a turbulence-resolving large-eddy simulation model with an additional Reynolds-averaged Navier–Stokes (RANS) mode for atmospheric and oceanic boundary layer studies at microscale (Maronga et al., 2020). Currently PALM has the capability to ingest output from the regional scale Consortium for Small-scale Modelling (COSMO) atmospheric prediction model. However, COSMO is not an open source model and requires a licence agreement for operational use or academic research (http://www.cosmo-model.org/, last access: 23 April 2021). This paper describes and validates the new free and open-source WRF4PALM tools (available at https://github.com/dongqi-DQ/WRF4PALM, last access: 23 April 2021). Two case studies using WRF4PALM are presented for Christchurch, New Zealand, which demonstrate successful PALM simulations driven by meteorological forcing from WRF outputs. The WRF4PALM tools presented here can potentially be used for micro- and mesoscale studies worldwide, for example in boundary layer studies, air pollution dispersion modelling, wildfire emissions and spread, urban weather forecasting, and agricultural meteorology.

Data Genocide: Are Minority Opinions Being Murdered Online?

With the advent of the internet in 1983, many people believed it offered the chance for humanity to evolve as a civilization, no longer needing to resort to war, genocide, and violence as a way for power and control. The internet brought freedom, a new way of communication, sharing information, connecting people globally, and moving data. Few at the time likely anticipated that it would quickly become a digital wild west where laws were scarce and the ability to manipulate, influence, control, and ultimately dominate would become powerful forces of change impacting society well beyond the digital realm. From its early days to today an unimaginable amount of data and information has been created containing secrets and indications of every participant in this arena. The rights of the individual to own their data were seemingly lost to the legal constructs of internet companies through crafty terms of service, license agreements, and sophisticated collection mechanisms. Tech giants like Facebook, Amazon, Alphabet, Netflix, and Google, known as the FAANG’s, are examples of those that collect untold amounts of information on every user of their services. While they are not alone in their pursuit of data, they are clear examples of successful companies who recognized this unclaimed territory and quickly took advantage to create their own empires. Today, they have built something that we could have never imagined existing back in 1983—a digital empire where we can instantly connect with each other across the globe, quickly access extraordinary amounts of information, and conveniently complete many tasks for ourselves. While this all seems like pleasantries, what lies underneath is a group of Big Tech companies clawing their way to the top and destroying new competitors in their path for means of power and control. The benefits we “receive” are a facade for their true motivation of gaining total power and control of many forms of information. Voices have been silenced for expressing their beliefs, for sharing opposing opinions to the common narrative, and becoming competitive threats. Meanwhile, we continue to scroll, click, upload, and share our lives and information again and again. What is worse, is how easy it is for them to do it in the absence of strong oversite and accountability. Rather, society at large has let them self-govern and freely push forward their own agendas. These tech giants are now making up the rules as they go, while we, as a world, have ignored the signs and warnings from countless scholars on the dangers of self-regulation and feigned moral authority. What we are experiencing now is a threat to everyone’s free speech, individual rights over their data, online identity, and as this paper will set forth, perhaps even our digital lives if not, in certain circumstances, our physical lives as well; something everybody should be worried about.

Issues and challenges of unregistered franchise business: A Malaysian legal perspective

The Malaysian Parliament had enacted the Franchise Act in 1998 and one of the main purposes of this Act is to monitor the registration and regulate franchise businesses in Malaysia to ensure that all the franchise businesses are following laws and regulation. Registration of franchisor (including registration of foreign franchisor) and franchisee has been stated in section 6 and 6B of the Franchise Act 1998. However, the Franchise Act 1998 is silent whether registration of a franchise business is mandatory. Meanwhile, the next issue is whether an unregistered franchise business established under a licensing or dealership agreement can register the franchise after the conclusion of the licensing agreement. The objective of this article is to look into the legal perspective of unregistered franchise business in Malaysia and suggest some proposals on how to overcome the legal issues of unregistered franchise business in Malaysia. This is qualitative study that involves a systematic study of philosophical and academic views through literatures. Therefore, this study is not an empirical study but rather a library study from various primary and secondary data sources. The study found that the Franchise Act 1998 may post a business risk to businesses intended to expand. As an innocuous venture agreement may end up becoming a franchise agreement, and an unregistered business owner may suddenly find himself at the short end of the stick, may be subject to the civil and criminal liabilities due to non-compliance of the Franchise Act 1998. As such, it is suggested that the Franchise Act 1998 should provide more monitoring and quality control over a potential franchise business before it is offered to protentional franchisees.@font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-536870145 1107305727 0 0 415 0;}@font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-536859905 -1073732485 9 0 511 0;}p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-unhide:no; mso-style-qformat:yes; mso-style-parent:""; margin-top:0cm; margin-right:0cm; margin-bottom:6.0pt; margin-left:0cm; text-align:justify; line-height:150%; mso-pagination:widow-orphan; font-size:12.0pt; mso-bidi-font-size:11.0pt; font-family:"Times New Roman",serif; mso-fareast-font-family:"Times New Roman"; mso-ansi-language:ES-MX; mso-fareast-language:EN-US;}.MsoChpDefault {mso-style-type:export-only; mso-default-props:yes; font-size:11.0pt; mso-ansi-font-size:11.0pt; mso-bidi-font-size:11.0pt; font-family:"Calibri",sans-serif; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; mso-ansi-language:ES; mso-fareast-language:EN-US;}.MsoPapDefault {mso-style-type:export-only; margin-bottom:8.0pt; line-height:107%;}div.WordSection1 {page:WordSection1;}

Technological Leadership and 5G Patent Portfolios: Guiding Strategic Policy and Licensing Decisions

Whether it’s mobile phones or autonomous cars or telemedicine, a well-functioning robust 5G ecosystem will require licensing executives to have a deep understanding of the need for timely licensing to support technology development and adoption. It is important that the parties to patent licensing agreements understand that value doesn’t depend on the numerosity of patent portfolios, but on use value. The ecosystem is impaired when parties to licensing transactions are recalcitrant and advance bogus indicia of value. The 5G stakes are sufficiently high that top management oversight is likely required.

Sulzer Chemtech licences AVA Biochem technology

Sulzer has entered into an exclusive licence agreement to commercialise AVA Biochem AG's technology to produce sustainable commodity chemicals from biomass.

Affordable treatment and political commitment are crucial to eliminate hepatitis C globally

Affordable treatment and political commitment are crucial to eliminate hepatitis C globally

Licensing as a Central Structure of Technology Transfer Agreements – Joint Venture and Franchising Agreements

Abstract R&D is one of the most important sources of knowledge and economic growth worldwide, and technology transfer is the principal means to access this knowledge. Nevertheless, market imperfections, externalities, and abusive behaviors have been used by some jurisdictions to justify the enactment of regulations on different contractual categories frequently used to implement this transfer of technology. According to the UNCTAD 2001 report, technology transfer agreements encompass an array of agreements differentiated by their subject matter. Such contracts cover, amongst other things, industrial property, know-how, and technology expertise.1 Most of the doctrine considers technology transfer agreements as an autonomous contractual category due to their standard features,2 such as their bilateral character, the reciprocal rights and obligations between the parties, and the presence of intellectual property rights.3 Thus, the agreements that belong to this category are often determined by the existence of intellectual property rights and know-how. These rights mainly protect useful knowledge that can be exploited in the market by its legal owner or the person who is authorized to do so. The exploitation of intangible assets is carried out using different sorts of contracts, frequently not regulated by law or other statutes and sometimes with a high degree of complexity, depending on the relevant technical matter and the parties’ activities. However, nowadays, despite the lack of specific regulation for most of these types of agreements, they are frequently used in the market and are indeed the licensing agreement that is most used and one of the few that are regulated in some jurisdictions.4 In the same sense, it is essential to highlight the presence of other contracts; for example, it is possible to find features of a trademark license, the sale of products, distribution, or even agency in a franchise agreement. This presence occasionally leads to difficulties in the construction of the parties’ will when there is silence or poor wording on the obligations to be performed. Concerning the construction of the contract, there are different forms that a technology transfer agreement may assume. In this regard, we must point out that the lack of legal classification5 means that it is necessary to use various sources, such as case law, arbitration awards, decisions of administrative bodies, and of course doctrine to carry out a complete analysis of these contracts. For the purpose of this study, a technology transfer agreement is to be considered as the transaction that allows a party to access a technology owned by the other party in exchange for consideration. This article’s main objective is to show how technology transfer occurs through licensing agreements in other complex contracts like joint ventures and franchising agreements. In order to illustrate this transfer of technology, we will throughout this article use statutes and case law of the European Union, the United States, and the Andean Community (CAN). The aim is to present, initially, the scope of the expression technology transfer; we will then examine how these three legal categories work, the relationship between these complex contracts and licensing, and finally, the importance of using the structure of licensing in joint ventures and franchising agreements adequately.

Micro Medium and Small aEnterprise Human Resources’ Creativity in West Java Through Intellectual Property Rights (IPR) License in the Pandemic Covid-19 Situation

The creativity of human resources at Micro, Medium and Small Enterprise (MSME) had an essential part for the development of MSME in recent Covid-19 pandemic situation. The matter of creativity was significantly required through an intellectual property rights (IPR) license agreement support; furthermore, resulted the optimization of economic as its exclusive right equitably protected. Regardless the license agreement owned by West Java MSMEs was inadequately appropriate. This study purposed to find out how the human resources creativity of West Java MSME and human resources creativity through intellectual property rights license agreement in in the Covid-19 situation. This study applied a cross sectional method, qualitative normative juridical and legal interpretation methods. The descriptive research specification was quantitative analysis, implementing purposive sampling technique to obtain thirty MSME respondents specifically in West Java. In addition, the data collection engaged literature study techniques. The results showed that the creativity of human resource at MSME might increase the demand for MSME products. The human resources creativity including person, process, press and product perspectives were fundamental in the development of MSME. It referred to an indication by the frequency of respondents in carrying out each perspective assessed as a necessity in developing MSME. Thus, intellectual property rights license agreement led to be required aspect in improving, protecting and developing the creativity of human resources, especially during the Covid-19 pandemic situation. It was proven by being understood and trusted by West Java MSME; nevertheless, the participation at the time of socialization was not optimal. In the other hand, West Java MSME had been propertied by the intellectual property rights license agreement. It related to procedural constraints, lack of information and also costs.

An evaluation of physiotherapy-led inhalation testing in chronic respiratory disease at a tertiary centre

Background Inhaled medications improve health outcomes in chronic respiratory patients. Guidelines and pharmaceutical licensing agreements recommend a drug response trial prior to use. Evidence to support this recommendation is of poor quality; adverse events are rare, and the trial process has a considerable impact on physiotherapy clinical time and patient experience. Current literature suggests using percentage predicted forced expiratory volume in 1 second (FEV1) >55% as a predictor of trial success. Aims 1. To identify the failure rate of inhaled therapy trials in the chronic respiratory cohort. 2. To predict risk factors associated with trial outcome to establish those who could avoid a trial due to low risk stratification. Methods An evaluation of service was completed which involved a retrospective review of 204 chronic respiratory participants who completed an inhaled therapy trial between September 2017 and September 2019. Spirometry and other anthropometric measurements were recorded at the time of the drug response trial. Data was analysed using multivariable logistic regression to identify variables linked to passing inhaled therapy trials. Discussion and conclusion FEV1% predicted was significantly less for those that failed (35.5%) compared to those that passed (53.18%) p = 0.012. Those with an FEV1 predicted >55% had a higher likelihood to pass p = 0.005, R² = 0.039. The evaluation identified a low failure rate (4.9%) overall to inhalation therapy trials, with the most significant risk factor for failure being identified as FEV1 predicted <55%. Patient screening could significantly reduce the burden of inhaled therapy trials for patients