Licensing Agreements Research Articles

Analytics in the publication of a scientific journal

It is shown that the analysis of editorial and publishing processes helps to estimate the time of passing manuscripts in the editorial office of a scientific journal and to control the contractor when performing technical work on literary editing and layout of articles in the journal. For analytics, the apparatus of probability theory and mathematical statistics is used, as well as time series for predicting the dynamics of incoming articles and predicting the prospects for their publication. Based on the results obtained, it is shown that the study of time indicators of the processes of arrival and acceptance of articles for publication, reviewing, literary editing, layout and distribution and receipt of license agreements allows you to plan the work on the filling of articles in journal issues for the year ahead, monitor the work of reviewers on the examination of articles sent to them and manage the contractor preparing issues for publication, when performing technical work. All the considered analytical methods are available for use by the editors of the scientific journal. To simplify the compilation and work with the proposed analytics tools, we recommend software for working with spreadsheets.

Lilly to license Merus antibody therapy

Eli Lilly and Company will enter a licensing agreement with Merus to develop the Dutch company’s antibody cancer treatment. The deal is worth up to $1.6 billion. Merus’s cancer platform includes 17...

Publishing authoritative geospatial data to support interlinking of building information models

Building Information Modelling (BIM) is a key enabler to support integration of building data within the buildings life cycle (BLC) and is an important aspect to support a wide range of use cases, related to intelligent automation, navigation, energy efficiency, sustainability and so forth. Open building data faces several challenges related to standardization, data interdependency, data access, and security. In addition to these technical challenges, there remains the barrier among BIM developers who wish to protect their intellectual property, as full 3D BIM development requires expertise and effort. This means that there is often limited availability of building data. However, a Linked Data approach to BIM, combined with a supporting national geospatial identifier infrastructure makes interlinking and controlled sharing of BIM models possible. In Ireland, the Ordnance Survey Ireland (OSi) maintains a substantial data set, called Prime2, which includes not only building GIS data (polygon footprint, geodetic coordinate), but also additional building specific data (e.g. form, function and status). The data set also includes change information, recording when changes took place and who captured and validated those changes. This paper presents the development of a national geospatial identifier infrastructure based on an OSi building ontology that supports capturing OSi building data using Resource Description Framework (RDF). The paper details the different steps required to generate the ontology and publish the data. First, an initial analysis of the data set to generate the ontology is discussed. This includes identification of mappings to existing standards, e.g. GeoSPARQL to handle geometries and PROV-O to handle provenance, to the development of R2RML mappings to generate the RDF and the method for deploying the ontology and the building graphs. This data is then made available dependent on different licensing agreements handled by an access control approach. Methods are then presented to support the interlinking of the authoritative data with other building data standards and data sets using geolocation, followed finally by discussion and future work.

Contract Law Solutions for Digitalized Cross-Company Value Networks in Industry 4.0: Part 2: Contract Law

The original German version of this text is available at http://ssrn.com/abstract=3767069 This series of papers deals with issues of contract law in Industrie 4.0. It is based on the law of the Federal Republic of Germany. Part 1 introduces the topic and explains the legal problems that arise in Industrie 4.0. Part 2 deals with issues of contract law: How are contracts concluded among autonomous software agents, what types of contracts come into question, and how must general terms and conditions be structured. Part 3 looks at issues of licensing law and intellectual property in data. Part 4 looks at the liability of autonomous systems in Industry and provides an outlook on possible future solutions. Industrial production is increasingly taking place in digitized value chains in which numerous independent companies cooperate in digital networks. Within the framework of such cross-company cooperation, industrial manufacturing processes autonomously manage themselves via integrated IT networks. This control increasingly makes use of intelligent systems that act either as autonomous software agents, in conjunction with humans or networked with other computers and machines. In addition to the industrial production process itself, parallel workflows of streams need to be handled, which is becoming more and more important. This results in specific situations and risks. Essentially, the questions to be answered are: • which legal status can be attributed to dataii that is generated in the production process, and • how can the liability in cross-company digital production networks be assessed and mitigated. In the absence of legislation, case law and technical standards that satisfactorily regulate these issues, contractual solutions are required between the cooperation partners in B2B (business-to-business) transactions, for which some approaches are outlined here. Key findings: • The multi-dimensionally networked industry 4.0 is approaching the limits of our bilateral understanding of contracts due to the virtualisation technologies used. • Data, and in particuliar industrial machine data, have no rights in rem attached. There is no data ownership. Although is legally protected in several respects, this protection remains fragmentary and incomplete. • Rights to must therefore be assigned by contract: It is advisable to follow the standards set by licence agreements from copyright law. Such contractual rights and obligations are only effective inter partes, but never in rem towards everybody. Data usage contracts must therefore be accompanied by effective technical and organisational measures for the de facto protection of data. • The German law on General Terms and Conditions, may regard liability limitations as ineffective even in business transactions. This, choice of foreign law clauses should be considered in the contract negotiations. • The networking of people, machines, virtualised and autonomous information technology systems makes it more difficult to attribute responsibility and prove causality. In the area of contractual liability, proof and presumption rules can be agreed. De lege ferenda, a compulsory insurance of the manufacturers and professional users as beneficiaries of such systems seems to make sense. • In all regulations, care must be taken to ensure that the right incentives for due diligence are in place for all parties involved.

Contractual Solutions for Digitalized Cross-Company Value Networks in Industry 4.0 - Part 1: Introduction

This series of papers deals with issues of contract law in Industrie 4.0. It is based on the law of the Federal Republic of Germany. Part 1 introduces the topic and explains the legal problems that arise in Industrie 4.0. Part 2 deals with issues of contract law: How are contracts concluded among autonomous software agents, what types of contracts come into question, and how must general terms and conditions be structured. Part 3 looks at issues of licensing law and intellectual property in data. Part 4 looks at the liability of autonomous systems in Industry and provides an outlook on possible future solutions. Industrial production is increasingly taking place in digitized value chains in which numerous independent companies cooperate in digital networks. Within the framework of such cross-company cooperation, industrial manufacturing processes autonomously manage themselves via integrated IT networks. This control increasingly makes use of intelligent systems that act either as autonomous software agents, in conjunction with humans or networked with other computers and machines. In addition to the industrial production process itself, parallel workflows of streams need to be handled, which is becoming more and more important. This results in specific situations and risks. Essentially, the questions to be answered are: • which legal status can be attributed to dataii that is generated in the production process, and • how can the liability in cross-company digital production networks be assessed and mitigated. In the absence of legislation, case law and technical standards that satisfactorily regulate these issues, contractual solutions are required between the cooperation partners in B2B (business-to-business) transactions, for which some approaches are outlined here. Key findings: • The multi-dimensionally networked industry 4.0 is approaching the limits of our bilateral understanding of contracts due to the virtualisation technologies used. • Data, and in particuliar industrial machine data, have no rights in rem attached. There is no data ownership. Although is legally protected in several respects, this protection remains fragmentary and incomplete. • Rights to must therefore be assigned by contract: It is advisable to follow the standards set by licence agreements from copyright law. Such contractual rights and obligations are only effective inter partes, but never in rem towards everybody. Data usage contracts must therefore be accompanied by effective technical and organisational measures for the de facto protection of data. • The German law on General Terms and Conditions, may regard liability limitations as ineffective even in business transactions. This, choice of foreign law clauses should be considered in the contract negotiations. • The networking of people, machines, virtualised and autonomous information technology systems makes it more difficult to attribute responsibility and prove causality. In the area of contractual liability, proof and presumption rules can be agreed. De lege ferenda, a compulsory insurance of the manufacturers and professional users as beneficiaries of such systems seems to make sense. • In all regulations, care must be taken to ensure that the right incentives for due diligence are in place for all parties involved. [ The original German version of this text is avialable at Contratcual Solutions for Industry 4.0. Part 1: Introduction by Arnold J. F. Lukas, LL.M. :: SSRN ]

Professional football clubs and empirical evidence from the COVID-19 crisis: Time for sport entrepreneurship?

The coronavirus disease (COVID-19) has spread worldwide in a short period and has developed into one of the biggest public health issues of the last decade. The actions initiated by governments to minimize person-to-person contact have also severely affected professional football clubs (PFCs) in the season 2019/20. Given the role of football in Europe, football clubs gained massive public and political attention during the COVID-19 crisis. Based on an exploratory multiple case study approach involving PFCs from five European football leagues, this study investigates the responses of these clubs to the COVID-19 pandemic. The findings show the relevance of solidarity with certain stakeholders during the pandemic, but also reveal the fragility of PFCs due to their financial structure and underdeveloped managerial and entrepreneurial strategies to cope with the crisis. This study contributes theoretically and empirically to the literature on the entrepreneurial behavior and crisis management of elite sport organizations and illustrates a holistic map of a dense, high solidary stakeholder network.

Sovereignty and development: law and the politics of traditional knowledge in Kenya

This article investigates the justifications for Kenya's pioneering 2016 legislation to protect the interests of communities in their traditional knowledge. Drawing on parliamentary, governmental and media sources, it argues that law reform was underpinned by political concerns about the exploitation of valuable resources by foreign concerns. This problematization of traditional knowledge in terms of national sovereignty and development defines the scope of the legislation and leads to a number of important shortcomings and contradictions. It puts the nation state at the heart of the legal regime, limiting enforcement to the national territory and giving authorities ultimate the power to override community decisions. While the legislation should be adjusted to address these issues, we also suggest that communities should pursue non-legal alternatives, including the encouragement of ethical commercial conduct through media campaigns and licensing agreements.

ACTUAL ISSUES OF LEGAL RELATIONS DEVELOPMENT OF INTELLECTUAL PROPERTY LICENSING

The article considers the main trends in the development of legal relations in the field of granting the right to use (licensing) intellectual property. It has been established that the content of classic license agreements, which is exclusively patent, ie based only on the transfer of rights to inventions protected by patents, is currently losing relevance. Licensing agreements mostly regulate the relationship between several intellectual property objects with different legal regimes (complex agreement) and include elements of different legal relations (mixed agreement). A modern license agreement is an agreement that consists not only in granting permission to use intellectual property, but in general the set of obligations of the licensor to provide the licensee with technical secrets, special knowledge, specific experience and a range of assistance services (consulting, debugging, training) on their use (technical assistance) and application (supply of equipment, materials, components, raw materials, etc.). The content of the negative agreement, based on the owner's non-denial of the rights to use the patented invention, becomes a positive obligation, which is to create a practical opportunity for the licensee to use intellectual property to achieve a certain technical result. The general trends in the development of licensing relations are the desire to facilitate the turnover of objects by simplifying the procedure for concluding agreements, easing the requirements for the form of agreements, the transition from licensing to compensatory, and strengthening the role of electronic agreements and accession agreements. It is established that the legislative regulation requires the definition of the technology transfer agreement, set out in the current legislation and the procedure for concluding license agreements with the use of electronic digital signature. Ukraine's ratification of the "Singapore Trademark Agreement" requires amendments to bylaws to simplify the procedure for registering license agreements.

SEP Royalty Rate Calculation on the Basis of the Present Value Added (PVA): A Model and its Application in the German Legal Order

The most common method for standard essential patent (SEP) valuation and to determine a fair, reasonable and non-discriminative (FRAND) royalty rate is based on comparable license agreements. This method is relatively simple to apply, but has several disadvantages. Firstly, license agreements are often not comparable on important points. Secondly, they are usually based on a selection by the submitting party, who has an interest to select only favorable license agreements for comparison. And thirdly, those selected agreements might not result from a fair negotiation, because of possible market power by either of the two sides. In this paper, we therefore suggest how the present value added (PVA) methodology can be used to calculate the FRAND value of specific SEP technologies, avoiding biases that are intrinsically linked to the comparable licensing approach. The PVA approach can also serve as valuation methodology for the whole standard in the context of the Top-Down approach. To illustrate the approach, we present a simple interperiodical valuation model. To derive a FRAND royalty rate, we then suggest how the PVA created can be apportioned between the SEP holders and the implementer. The second contribution of this paper is therefore the normative discussion of the apportionment of the PVA. Finally, we show how the PVA methodology can be practically applied by running a hypothetical example of a full FRAND royalty estimation. The German legal framework has been chosen, since it is the European jurisdiction where an increasingly large number of legal disputes related to SEPs are adjudicated.

THE MONOPOLY PRACTICE AND UNFAIR BUSINESS COMPETITION IN THE TECHNOLOGY TRANSFER ACTIVITY THROUGH THE FOREIGN PATENT IN INDONESIA

It is a common knowledge that technology development shall be in line with the development of a nation. This fact is raising the need of developing countries as Indonesia to maximize potential in the field of technology. However, it is not easy as it sounds, there are many obstacles for a country to develop its potential in technology, notably for the expert in the relevant country to master the necessary skills. Due to this limitation, many countries are beginning to fill-in the gap by registering license of foreign patent. It is expected that the use of foreign patent will replace the higher cost and longer time needed in developing local technology in the developing countries. Unfortunately, the use of foreign patent license does not itself automatically enhance one’s ability to master the necessary skills. Many cases where developing countries were deceived by the ‘grant-back’ clause attached to the foreign patent license. The licensee’s position is consequently considered has lower than of the licensor, which in its turn may rise monopoly practice and unfair business competition. This study is conducted with the purpose to formulate an effective technology transfer through the licensing of foreign patent that can refrain from the repetition of monopoly practice and unfair business competition, according to the TRIPs signed by WTO and the positive law in Indonesia. This study is using juridical-normative approach as the methodology of research, it also use analytical approach through the Law Number 13 of 2016 concerning Patent; Law Number 5 of 1999 concerning Prohibition of the Monopoly Practice and Unfair Business Competition as well as the Agreement on Trade-Related Aspects of Intellectual Property Rights signed by the World Trade Organization, with respect to the license agreement of the foreign patent. Based on the issue as established previously in this journal, the expected outcome of increased information dissemination towards countries using patent licensing agreement in technology and information development related to any matter in intellectual property specifically in licensing agreement, which has higher possibility for Monopolistic Practices and Unfair Business Competition. Therefore, shows that in principle in order to prevent the licensing of foreign patent to lead onto the monopoly practice and unfair business competition, a country must establish a controlling entity to supervise the execution of the foreign patent and at the same time, enacting harmonious rules and regulations with such supervision.

THE DEVELOPMENT OF THE AUTOMOTIVE INDUSTRY IN POST-SOVIET COUNTRIES SINCE 1991

This paper discusses the impact of industrial policy on the development of the automotive industry in five post-Soviet countries since 1991 (Russia, Ukraine, Belarus, Uzbekistan, and Kazakhstan). By using foreign trade and production statistics as well as qualitative data on automobile companies from business news, this paper highlights three different paths: success in post-2000 Russia and Uzbekistan, stagnation and struggle for survival in Belarus and Kazakhstan, and failure in pre-2000 Russia and Ukraine. The existence of an automotive industry before 1991 was not a factor in success because most pre-existing firms collapsed after the break-up of the Soviet Union. Instead, the growth of these post-Soviet automotive industries has essentially relied on the presence of global car makers. This research demonstrates that inward foreign direct investment and licensing agreements were fostered by the combination of protectionist policies that made importation uncompetitive and access of global firms to the large Russian market (both direct access and indirect access via a country with privileged access to Russia). This paper also highlights different strategies adopted by foreign firms: whereas the largest Western and Japanese companies invested directly in Russia, companies from China and Korea used Central Asia and Belarus as back doors to enter the Russian market.

The Steward of Book History in the Digital Age: The Struggles and Rewards of Collecting e-Books for Special Collections Institutions

Collecting and preserving e-books in special collections institutions poses challenges and rewards for working professionals in the field. Although scholars of book history have spent the last decade or so including e-books in their historical overviews, reviewing e-books’ connections to their physical past and speculating on their impact on the future of books, their importance in the overall timeline of book evolution has not yet made an impact on collecting guidelines. Institutions do not seem overly eager to be the first to create a permanent collection of e-books—and there may be just cause for reluctance. Not only do e-book files come with the same long-term preservation problems as any born-digital materials, they also have added complications such as a lack of standardized file format, a lack of permanence in licensing agreements, and the constant threat of content changes, just to name a few. While this paper aims to persuade special collections libraries to begin collecting e-books, it also lays out the complications standing in the way of a successful e-book collection. It starts a conversation around possible solutions for long-term preservation and patron-use challenges for e-books in special collections.

The Exclusive Rights of Licensees in Parallel Import Practices

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

Gender Disparities Among Adult Recipients of Layperson Bystander Cardiopulmonary Resuscitation by Location of Cardiac Arrest in Pan-Asian Communities

Background: Bystander cardiopulmonary resuscitation (BCPR) is a critical component of the ‘chain of survival’ in reducing mortality among out-of-hospital cardiac arrest (OHCA) victims. Inconsistent findings on gender disparities among adult recipients of layperson BCPR have been reported in the literature. We aimed to fill this knowledge gap by investigating the extent of gender disparities in a cross-national setting within Pan-Asian communities. Methods: We utilized data collected from the Pan-Asian Resuscitation Outcomes Study (PAROS), an international, multicenter, prospective study conducted between 2009 and 2018. We included all OHCA cases with non-traumatic arrest etiology transported by emergency medical services and excluded study sites that did not consistently collect information about the location of cardiac arrest. Logistic regression was used to analyze the association between gender and BCPR, stratified by location. Findings: We analyzed a cohort of 56,192 OHCA cases with an overall BCPR rate of 36.2% (20,329/56,192). At public locations, BCPR rate was 31.2% (631/2022) for female and 36.4% (3235/8892) for male OHCA victims; while at home, the rate was 38.3% (6838/17,842) for females and 35.1% (9625/27,436) for males. Controlling for country differences and several factors in multivariable logistic regression, we found females less likely to receive BCPR than males in public locations (odds ratio [OR]=0.89, 95% confidence interval [CI]: 0.70–0.99), but more likely to receive BCPR at home (OR=1.16, 95% CI: 1.11–1.21). Interpretation: In Pan-Asian communities, gender differences exist in adult recipients of BCPR and differ between home and public locations. Funding Statement: The study is supported by grants from the National Medical Research Council (NMRC/CSA/0049/2013) and Laerdal Foundation (20040). Declaration of Interests: MEH Ong reports funding from the ZOLL Medical Corporation for a study involving mechanical cardiopulmonary resuscitation devices; grants from the Laerdal Foundation, Laerdal Medical, and Ramsey Social Justice Foundation for funding of the Pan-Asian Resuscitation Outcomes Study; an advisory relationship with Global Healthcare SG, a commercial entity that manufactures cooling devices; and funding from Laerdal Medical on an observation program to their Community CPR raining Centre Research Program in Norway. MEH Ong has a licensing agreement and patent filed (Application no: 13/047,348) with ZOLL Medical Corporation for a study titled “Method of predicting acute cardiopulmonary events and survivability of a patient. NL and MEH Ong are the co-founders and scientific advisors of TIIM Healthcare, a commercial entity which develops real-time prediction and risk stratification solutions at triage. All other authors have no conflict of interest to declare. Ethics Approval Statement: The study was granted approval from SingHealth Centralised Institutional Review Board and Domain Specific Review Board with waiver of patient informed consent.

ProQuest African American Heritage

African American Heritage a database for African American family history research, provided by ProQuest. Here, the user has access to a wide variety of military, birth, marriage, cohabitation, death, and census records. Also included are records from the Freedman’s Bank and various registers of slaves and free(d) persons of color. The former was a bank chartered by the federal government to encourage and guide the economic development of African American communities in the period following the end of slavery in the U.S. The latter refers to records, maintained by a number of states prior to 1865, of slaves and free(d) persons of color. Also available to the user are contacts to a community of genealogy researchers, who can provide assistance and mentoring. The readability of the documents available here can vary. Some are too faded to read easily, even with magnification, and others are handwritten, which can make them difficult to interpret. Navigating, enlarging, and reducing documents can be done without difficulty, though the range of movement and magnification is somewhat limited. Documents can be browsed and/or searched for by title, author, publisher, date, subject, language (although, at present, English is the only language available), surname and personal name, and location.The search and browse options here are understandable and can produce useful results, though the number produced by any one query is usually not extensive, so multiple queries may be needed for any research project. Pricing for this database is determined by library or school size and the number of potential users, and consortia discounts are available (contact ProQuest for a specific price quote). Its licensing agreement is the same as those used for all ProQuest databases, and in its length and composition is quite average. The quality and quantity of content in this resource is not exceptional, but it will certainly be of use to those researching African American family history, and more generally Africana Studies, especially in the states indicated in this review.

ПЕРЕДУМОВИ ЮРИДИЧНОЇ СУБ’ЄКТИВАЦІЇ ШТУЧНОГО ІНТЕЛЕКТУ

Статтю присвячено питанням визначення передумов потенційної юридичної суб’єктивації систем штучного інтелекту. Доведено, що виникли передумови наукового дослідження потенційної юридичної суб’єктивації систем штучного інтелекту. Такі передумови розкладаються на окремі групи залежно від сфери. Визначено дві групи передумов – технологічні та юридичні. З’ясовано, що до технологічних передумов відносяться розширення та глобалізація процесів виробництва програмного забезпечення та неспівпадіння «циклів існування» розробників та розроблених ними продуктів. Глобалізація процесів виробництва засобів штучного інтелекту проявляються одразу за двома напрямками – зовнішнім і внутрішнім. Відповідно до зовнішнього напрямку глобалізація виробничих процесів полягає у виходженні за межі національного та державного простору, а отже, наявності різних правових режимів створення, тестування та діяльності програмного забезпечення в окремих країнах та неможливості формування спільної колективної правосуб’єктності всього виробничо-технологічного апарату. Внутрішній напрям глобалізації реалізований з урахуванням розподілу праці та матеріальних ресурсів. До юридичних передумов запропоновано відносити фактори збільшення значимості (в тому числі юридичної) дій, що вчиняються об’єктами ШІ, та формування нового джерела регулювання даних відносин за допомогою ліцензійних угод, договорів співробітництва та звичаїв електронного ділового обороту. З’ясовано, що кількість життєвих ситуацій, що будуть зазнавати вплив дій штучного інтелекту, в майбутньому лише буде збільшуватися, в той час як їх значення буде рости, тому вже зараз необхідно дати оцінку наявним і потенційним видам поведінки, що її вчинює штучний інтелект. Доведено, що формування відносно замкненої екосистеми джерел регулювання, що активно розвивається, призвело до формування альтернативного правопорядку в мережі Інтернет та в ІТ-сфері взагалі. Такий правопорядок заснований на відносній анонімності, технологічній залежності та децентралізованому характері колективних учасників і регуляторних механізмів.

Plural forms of governance for international strategic alliances: toward an integrative framework

Many international strategic alliances (ISAs) are characterised by plural forms of governance whereby individual, generic alliance arrangements such as equity investment, licensing, management contracts, and supply agreements coexist. Yet, most existing research on ISA governance decisions either deals with the choice of alliances against market transactions or hierarchy or studies the choice of one mode of alliance against another (such as equity versus non-equity alliances). Very limited insight is available on multinational companies' simultaneous inclusions of several, rather than only one, generic modes of alliance to establish plural ISAs for their international operations. In this paper, we tackle the issue of plural alliances in the context of selecting forms of governance for international strategic alliances. Drawing from diverse theories on interorganisational relationships, transaction cost theory, competitive strategy, organisational learning, relationship marketing, and foreign market entry modes; this paper develops an integrative conceptual model that guides company decisions on choosing plural governance forms for international strategic alliances. Research and managerial implications of the study are discussed.

Treatment of Intellectual Property License in Insolvency: Analysing Indian law in comparison with the U.S. and U K

A bankrupt debtor’s ability to escape unprofitable contracts, enshrined in Section 365 of the American Bankruptcy Code, is considered central to a successful reorganisation within Chapter 11. The ambit of this power and the consequence of its application has been the subject of unceasing legal and business controversy. Intellectual property licenses assumed the forefront of this controversy in 1985 when the Court of Appeals for the Fourth Circuit held that Section 365 includes a unilateral power to rescind an Intellectual Property License. Congress reacted to the Court’s decision by amending Section 365 and legislating specific protections for Intellectual Property Licensees. This paper explores the American jurisprudence on the treatment of intellectual property licenses during bankruptcy and examines them within the insolvency regimes of the United Kingdom and India. The study reveals an important legal deficiency: neither jurisdiction incorporates any explicit protections for Intellectual Property Licenses during bankruptcy. Further, we find no substantive provisions that deal with the treatment of ongoing contracts during Corporate Insolvency Resolution Proceedings in India and Administration in the UK. For India, this raises an important issue relating to the desirability of a resolution professional’s ability to interfere with pre-petition IP licensing agreements. The authors underline the importance of such interference and suggest amendments to the Indian insolvency regime to deal with intellectual property licenses during bankruptcy.

Browse-wrap license agreement: essence and content

Browse-wrap license agreement: essence and content

End-User Flexibilities in Digital Copyright Law – An Empirical Analysis of End-user License Agreements

End-User Flexibilities in Digital Copyright Law – An Empirical Analysis of End-user License Agreements