Licensing Agreements Research Articles

Standard-essential patent legal protection in China’s telecommunication industry: an international trade and economy perspective

ABSTRACT Standard-essential patents (SEPs) are specific types of patents that protect the technology incorporated in a standard. China has one of the world’s largest telecommunication markets, and its legal policies and practices regarding SEP protection profoundly influence the competitive environment of the Chinese telecommunication market, international economic and trade cooperation, and global telecommunication technology innovation. Recently, frequent disputes in the communication sector surrounding SEPs in China’s judicial practice revolved around the fair, reasonable, and non-discriminatory (FRAND) principles, embodying three key issues: patent hold-up, licence fee rates, and anti-suit injunction. Regarding the patent hold-up and hold-out of SEPs in the telecommunication industry, a balance of interests between SEP holders and implementers in licence negotiations should be achieved under the guidance of the principles of FRAND from the perspective of legislation, administrative management, and the judiciary. Concerning licence fee rates, billing benchmarks should be judged based on individual cases, utilizing a comprehensive approach combining comparable licence agreement methods and top-down methods to determine a fair and reasonable licencing fee acceptable to all parties. In the conflict between anti-suit and anti–anti-suit injunctions, improving the anti-suit injunction rules and international cooperation mechanisms is necessary to achieve fair and non-discriminatory judicial processes and judgment results.

Improving Credit Card Fraud Detection with Data Reduction Approaches

Detecting fraudulent activities in credit card transactions can be challenging due to issues like high dimensionality and class imbalance that are often present in the datasets. To address these challenges, data reduction techniques such as data sampling and feature selection have become essential. In this study, we compare four approaches for data reduction: using data sampling alone, employing feature selection alone, applying data sampling followed by feature selection, and using feature selection followed by data sampling. Additionally, we include results using all features. We build classification models using five Decision Tree-based classifiers and Logistic Regression, and evaluate their performance using two performance metrics: the Area Under the Receiver Operating Characteristic Curve (AUC) and the Area under the Precision–Recall Curve (AUPRC). In this work, we adopt ensemble supervised feature selection (SFS) techniques and Random Undersampling (RUS) for data reduction. The experimental results demonstrate that all four data reduction techniques have the potential to improve the performance of classifiers. These results are valuable since the classifiers available are dependent upon application domains, computing environments, and licensing agreements. However, these techniques can be applied independently of all these dependencies. We recommend utilizing the ensemble SFS followed by RUS (SFS–RUS) approach as the preferred data reduction method due to its ability to run feature selection and data sampling in parallel. Additionally, we find that XGBoost and CatBoost outperform other classifiers.

ANALISA END USER LICENSE AGREEMENT (EULA) SEBAGAI BENTUK PERJANJIAN BAKU DALAM APLIKASI WON by BWS

The WON by BWS application is a form of digital banking product that allows Customers/Users to access banking services directly (real-time) and without the need for face-to-face interaction at the Bank's office. Banking services provided in the WON by BWS application include account opening, transfers in Indonesian Rupiah and US Dollar (both to accounts within BWS and to accounts in other banks), US Dollar purchases (USD-IDR and IDR-USD), bill payments (e.g., credit cards, electricity, telephone bills, etc.), purchases (e.g., flight tickets, phone credit, internet data, etc.), electronic money top-up (OVO, Gopay, ShopeePay), ATM/Debit Card blocking, and other features. Customers/Users intending to use the WON by BWS application are required to understand and agree to the end user license agreement (EULA) established by the Bank, which is a standard agreement as regulated by the Financial Services Authority. BWS, in drafting a standard agreement, must ensure a balance, fairness, and reasonableness between the Bank and Customers/Users. Based on this, the author intends to analyze the end user license agreement (EULA) of the WON by BWS application, to determine whether the standard agreement provides legal protection for Customers/Users.

Соглашения о разделе продукции: нелегкая судьба в России

The article provides a brief historical analysis of the conclusion and implementation of production sharing agreements (PSA) in the Russian Federation, stages of development of legislation in the field of PSA regulation. The author analyses changes in the legal regulation of PSA over the past two years, which led to changes in the composition of subjects and provisions of production sharing agreements in force in the Russian Federation. Based on the analysis conducted, conclusions are drawn about possible options for further development of the PSA institution in the Russian Federation, including the possibility of replacing PSA with a subsoil use regime on the basis of a license agreement in accordance with the Law of the Russian Federation “On Subsoil”.

Unveiling predictors influencing patent licensing: Analyzing patent scope in robotics and automation

Ensuring the sustainability of technology transfer offices depends on effective patent licensing strategies. This study investigates novel predictors for patent licensing prediction. It emphasizes the importance of judiciously selecting suitable patent-scope metrics to enhance the likelihood of successful patent licensing agreements. This work focuses on a critical aspect of patent scope, specifically examining the number of independent claims, the length of the first claim, the depth of the claim, the Cooperative Patent classification count, the non-US family count, and the family independent count. Additionally, we consider conventional metrics previously investigated in prior research, such as claim count, the count within the International Patent Classification, and Simple Family Application. Our empirical analysis harnesses a dataset comprising patents from university technology transfers within the robotics and automation domain. We analyze the relationship between patent scope measures and licensing outcomes using data visualization and statistical techniques, including the point-biserial correlation coefficient and the t-test. Comparative analysis of the statistical results is performed to identify the most impactful predictor. Our study reveals a correlation between the number of independent claims and the success of patent licensing. In contrast, the rest of the investigated measures do not impact the success of patent licensing.

Perlindungan Hukum Indonesia Bagi Pemegang Hak Atas Pencantuman Merek Terkenal Pada Parfum Lokal

A form of preventive protection against the inclusion of well-known perfume brands on local perfumes is the existence of regulations in the form of provisions in Articles in Law Number 20 of 2016 concerning Brands and Geographical Indications. Apart from that, the regulations include registration and licensing which also includes forms of preventive protection. A form of repressive protection for the owner of a famous perfume is in the form of a claim for compensation or termination of all actions related to the use of the brand or based on criminal prosecution through law enforcement officials. Owners of well-known foreign perfume brands are required to register their brands in Indonesia using the International Registration method according toMadrid Protocol as previously explained. After that, we will enter into a licensing agreement with a local perfume owner who wants to list a famous perfume brand in Indonesia.

HeinOnline’s Labor and Employment: The American Worker

HeinOnline offers a core digital library package that contains nearly 3,000 legal journals published in more than 60 different countries, including thousands of Australian, Canadian, and European legal materials and multiple international government publications. This vendor also has several other databases can be attached to this core collection, and “Labor and Employment: The American Worker” is one of them.It contains thousands of books, published from the early twentieth century to the present; hundreds of scholarly articles, ranging from 1904 to the present (with new articles added each month), on various topics, including labor contracts, collective bargaining, employment protections, and the history of the labor movement; and more than 10,000 subject-coded titles. Also available here are current reports on working conditions, legislative histories, Supreme Court case briefs, and a chart of landmark court cases in labor and employment (including the synopsis and full text of each case and an explanation of its significance in both jurisprudence and history), ranging between 1842 and 2018. When these and all the other categories of materials in this database are combined, it contains 10,984 titles, 14,659 volumes, and 5,244,894 pages.As with all databases that provide images of original documents, the readability of the materials here can vary, but thankfully none appear to be illegible. Navigating, rotating, enlarging, and reducing these documents can usually be done without difficulty. Database content can be browsed and/or searched for in numerous ways, all of which are understandable and which generally produce useful results. However, searches by title or description are often the least productive, while those in the full text are far more so. Pricing for this resource is vague, as it is determined by an institution’s location (i.e., in the United States or not), whether it has a law library, and other factors not specified by the vendor. Consortia discounts are also available. The content available here is impressive and will prove valuable to students and researchers of US labor history, especially those looking for case law, legislation, and other government publications on this topic. The licensing agreement for this database is too long, but is not unusual in its provisions, and should provide little cause for concern.

Treatment of intellectual property in the bankruptcy legal framework of the GCC states

The Gulf Cooperation Council (GCC) states have made a number of efforts to reform bankruptcy laws in recent years. The modernization of bankruptcy law in GCC countries presents the question of how IP assets and bankruptcy proceedings relate and intertwine. Problems for insolvency proceedings centre on valuation. An even more complicated but extremely common scenario is when the IP is licensed. Licensing effectively creates a new ‘sub-bundle’ of rights from the original property rights. Another issue is the classification of a licence and whether it is a property right or a contractual right, or some type of hybrid creature. Complications are exacerbated by the fact that many IP licence agreements will contain an ipso facto clause. The purpose of this article is to address these issues by examining the laws of the UAE, Kuwait and Saudi Arabia, and how IP assets are treated in bankruptcy proceedings.

Cooler Bobbleheads Prevail: Bobblehead Character Type and Impact on Attendance at Major League Baseball Games

Abstract: Giveaways such as jerseys, caps, or bobbleheads are part of a host of promotions used to entice fans to purchase tickets and attend live events, particularly in sports. Bobbleheads have often been viewed as the bellwether giveaway in demand-side analytical studies as they are common across sport, league, and team and are viewed as highly prized collectable items. Empiricists typically code promotions as binary variables to measure the impact these additional perks have on attendance, yet each bobblehead event features a distinct figurine distinguished by several previously unexplored dimensions. Due to the nature of bobbleheads typically resembling real-life individuals, consumer sentiment toward the bobblehead’s namesake may drive or deter the demand for the giveaway. Using a novel dataset of descriptions of bobblehead giveaways, this study finds that demand for Major League Baseball games varies by a bobblehead’s character type, where the impact on attendance is greatest for bobbleheads featuring players and sportscasters, lowest for managers, and middling for mascots and other types. Evidence suggests that bobbleheads depicted in costumes or as characters of licensed brands lead to greater attendance than brandless bobbleheads, yet the gains observed from the average branded bobblehead game may not offset the additional costs associated with licensing agreements.

Harvesting value: Corporate strategies of data assetization in agriculture and their socio-ecological implications

The global food system is characterized by market concentration and oligopoly. In our article, we focus on the most powerful input supply and machinery companies and analyze how these firms create value, both economic and otherwise, from big data. In digital capitalism, data is valorized across sectors; personal data is aggregated into large-scale datasets, a practice that feeds economic concentration and monopolization. Big data also has become central to the business model for agricultural companies; it is a claim made by the companies themselves. Yet, little is known about their specific strategies to do so. We aim to fill this gap, asking how is agricultural data transformed into value by the most powerful agribusinesses and ag-tech firms? Through the lens of assetization, we examine corporate strategies for transforming agricultural data into value. We draw on literature from food studies, specifically political economic analyses of the historical practices of agricultural corporations, as well as literature from critical data studies that investigates data as an asset. For our analysis, we rely on a variety of gray literature and public-facing documents: financial documents, sustainability and shareholder reports, terms of use, license agreements, and news articles. Our results contribute to the critical data studies literature on agricultural big data by identifying three main strategies of assetization: securing relationships and dependence, price-setting and data sharing, and product development and targeted marketing. The strategies have socio-ecological implications; our results indicate the reproduction of asymmetrical power relations in the agri-food system favoring corporations and the continuation of long-standing dynamics of inequalities.

Unwinding NFTs in the shadow of IP law

AbstractAmid the surge of intellectual property (IP) disputes surrounding non‐fungible tokens (NFTs), some scholars have advocated for the application of personal property or sales law to regulate NFT minting and transactions, contending that IP laws unduly hinder the development of the NFT market. This Article counters these proposals and argues that the existing IP system stands as the most suitable regulatory framework for governing the evolving NFT market. Compared to personal property or sales law, IP laws can more effectively address challenges such as tragedies of the commons and anticommons in the NFT market. NFT communities have also developed their own norms and licensing agreements upon existing IP laws to regulate shared resources. Moreover, the IP regimes, with both static and dynamic institutional designs, can effectively balance various policy concerns, such as innovation, fair competition, and consumer protection, which alternative proposals struggle to provide.

Exposing Legal Pitfalls: Trademark Misuse in Franchise Agreements and Partnership Liability

The legitimate use of the trademark is performed by developing a license agreement containing the rights and obligations between the licensor and licensee. This license agreement is based on the principles of the consensus contained in contract law, namely the principle of good faith and freedom of treaty. In reality, some parties do not comply with these principles, causing disputes related to the rights and obligations of the parties, as well as license misuse. Therefore, this study aimed to analyze the trademark license arrangement and the form of legal liability for contract misuse in franchise system. Doctrinal or normative legal study methodswere used, with primary and secondary data obtained through interviews and literature review. As a civil law country, the regulation of trademark license agreements in Indonesia emphasized applicable policies to provide legal certainty. The results showed that the misuse of these agreements caused legal consequences for the offending party. These consequences included liability for aspects of franchise agreement violation, trademark infringement, as well as civil and criminal liabilities.

Professor José Luis Capelo Martinez, a researcher who believes that science and technology have a direct and tangible impact on human well-being kindly granted BrJAC an interview

J. L. Capelo, PhD, gets his bachelor’s degree in chemistry by the University of Santiago de Compostela (Spain), his doctorate in Analytical Chemistry by University of Vigo, UVIGO (Spain, award to the best doctoral thesis 2002) and his Post-Doc from the Instituto Superior Técnico de Lisboa (Portugal). His academic career comprises assistant to staff and lecturer at the UVIGO; research fellow at the Chemistry Department of the New University of Lisbon, CD-FCT-UNL, research fellow at the CDUVIGO, and assistant professor at the CD-FCT- UNL. Currently he is Associate Professor at the CD-FCT-UNL. Dr. Capelo is co-head of the bioscopegroup (www.bioscopegroup.org.) and his CV comprises (up to October 2023): 290 manuscripts; 250 congress communications (orals and posters); 23 projects; 2 Patents, 1 license agreement and 3 books (1 authored and 2 edited). He has chaired 65 international conferences and is presently involved in the direction of 7. He was a member of the advisory board of Talanta from 2006 to 2014 and is Editor in Chief of the on-line Journal JIOMICS (www.JIOMICS.com) since its creation in 2011. He is presently mentoring or co-mentoring a total of 3 doctoral theses, and he has mentored 3 post-doctoral grants, 10 doctoral grants, 9 masters and 8 final projects. His current research interest is devoted to developing new methodological approaches in personalised medicine using new proteomics approaches and unravelling bacterial resistance to antibiotics. He is a Fellow Member of the Royal Society of Chemistry, member of the American Chemical Society and member of the Portuguese Society of Chemistry. H index 45 (Scopus Scholar). 8300 Citations. His skills include sampling and sample treatment for trace metals; metal speciation, proteomics, biomarker discovery; food chemistry; and development and validation of analytical procedures. Analytical techniques: HPLC-ICP-MS, ET-AAS, F-AAS, CVAAS, HG- AAS, HG-AFS, MALDI-TOF-MS/MS, RP-HPLC-ESI-IT-MS/MS. Teaching (theory and laboratory) in Analytical Biochemistry, Proteomics, and related disciplines. H index 40, circa 8000 citations. Awards: Best 2002 Doctoral Thesis in Chemistry. University of Vigo. Spain. Rainbow Prize 2017.

Licensed Rights of Well-known Brands: Legal Rules of Limited Partnership's (Commanditaire Venootschap) Position

Trademarks are becoming extremely significant due to globalization of commerce. A brand’s role in the realm of commerce is crucial since it serves as both a differentiation and a tool for out-competing rivals to capture the consumer market. Although it is still a common choice among business actors, limited partnerships (Commanditaire Venootschap) (CV) are not permitted to grant or receive licenses for well-known trademark rights. How is CV legally protected in this document as the owner or licensee of a well-known brand? This research uses normative research techniques in law, and data analysis used were prescriptive. The results of the research show that because CV as a business entity lacks the authority to act (bevoegheid), it will have consequences for the registration of a license agreement on the rights of the well-known mark if it assumes the position of making or receiving a license agreement, which under the Trademark Law can only be done by legal subjects, either recht persoon or naturlijk persoon. The management of CV, namely its limited partners, must act as a person (individual person) if it wants to grant or receive a license for well-known brand rights. Greater benefits will result if legal status is granted to resumes submitted by legal entities.
 Keywords: commanditaire venootschap, licence, well-known brand

Bargaining power in the market for intellectual property: Evidence from licensing contract terms

AbstractWe study a novel database of intellectual property (IP) licensing agreements sourced from filings made by publicly listed corporations, a large fraction of which firms (initially) disclose with redacted terms. In contrast to the benchmark that IP quality alone determines the pricing of IP, we argue that bargaining power between licensing counterparties plays a critical role in explaining several patterns in observed royalty rates. Licensors with differentiated technology and high market power charge higher royalty rates, while larger‐than‐rival licensees pay lower royalty rates. Licensors command premium royalty rates for contract exclusivity, especially in competitive markets. Finally, we employ this framework and setting to understand the pricing implications of nondisclosure: licensors redact payment terms when they transact at lower royalty rates, consistent with preserving bargaining power for future negotiations. Our findings offer a new explanation for innovator secrecy and have several practical takeaways for transfer pricing and patent litigation.

Cannabis NewsBank: Research Edition

Cannabis NewsBank: Research Edition is one of many databases from NewsBank Inc., all of which blend millions of news and information articles from numerous, disparate sources. It includes exclusive current and archived content from various broad-ranging, international sources. This database provides the same kind of articles and other content mentioned above, but it deals exclusively with cannabis and the cannabis industry, including their legal, legislative, medical, financial, distributional, and even agricultural aspects. It comprises roughly three million documents, dating from the 1930s to the present, drawn from 9,000 newspapers, newswires, newsletters, journals, magazines, transcripts, Web-only sources, and blogs (videos and audio recordings are also available). Most of the content is from North America, but some is from South America, Europe, Africa, Asia, the Middle East, and Australia/Oceania. The search functions in this database frequently produce results that are on point for the query submitted and can be understood with relative ease after overlooking a few confusing elements on the landing page. However, the vendor is not very forthcoming regarding pricing for this database, other than to maintain that it is based on full-time enrollment (FTE). The licensing agreement for this database is perhaps too long, but it is mostly standard and should be of little concern to potential subscribers.

Аудит інтелектуальної власності як складова процесу управління портфелем об’єктів інтелектуальної власності організації

The aim of the article is to define the essence of the process of auditing the intellectual property of an organization and to study its features in the context of business development. It is determined that the main purpose of an intellectual property audit is to collect information about what intellectual property (IP) has been created or acquired and what steps have been taken to protect it. It is also necessary to analyze the procedures for documenting and protecting intellectual property used in the enterprise. The main tasks of the intellectual property audit are noted as follows: inventory of all issued patents and patent applications pending consideration; cataloging license agreements; analysis of the consistency of the intellectual property strategy with the corporate strategy of the enterprise; cataloging documents related to previous litigation, disputes, analysis, or research; review of intellectual objects of property (IPO) portfolio management plans and the company’s policy on intellectual property strategy. The carried out research allowed to conclude that the implementation of the IP audit allows the management of the organization to determine the existing intellectual products, submitted applications and already received IPO, their commercial potential in the context of the organization’s development strategy. In addition, in accordance with the development strategy, the audit of the organization’s IPO allows you to determine the need to obtain external IPOs, as well as to review the strategy for managing the IPO portfolio. Prospects for further research in this direction are the development and improvement of methodological instruments for the process of auditing objects of intellectual property of an organization as a component of the process of managing the IPO portfolio.

From Screen to Shelf: Investigating the Influence of Cartoon Characters on Consumer Behavior in the Toys and Accessories Market

This research investigates the influence of cartoon characters on consumer behavior in the toys and accessories market. A literature review was conducted to examine the role of licensed characters in consumer behavior, and a survey was administered to 200 participants to collect data on consumer perceptions and purchasing decisions related to licensed character products. The findings suggest that licensed characters have a significant impact on consumer behavior, with cartoon characters increasing the appeal and memorability of toys and accessories. Purchasing decisions were also influenced by licensed characters, with consumers more likely to purchase products featuring their favorite characters. These findings have implications for marketers and retailers in the toys and accessories market, highlighting the importance of licensing agreements and character selection in product development and marketing.

Education Source Ultimate

Education Source Ultimate is one of many databases offered by EBSCO. It offers access to hundreds of videos and thousands of journals and magazines on education studies, many of them full text, peer reviewed, and/or open access. These different print and media resources address numerous educational topics, including research methodology, training, assessment, literacy, technology, and ethics, among many others. This database can be viewed in any of 31 different Asian and European languages. It offers both documents and videos, often on point for the query submitted, using a standard Advanced Search mechanism that is both usable and understandable. Pricing for this resource is determined by various factors, including full-time enrollment (FTE), consortium agreements, other EBSCO databases subscribed to, royalty requirements, and buying groups—all of which imply considerable variability in subscription price. The licensing agreement for this database, the standard one for all EBSCO resources, is 16 pages long and can be very detailed and technical. As such, it may not be easily understood by subscribers without the assistance of legal and/or information technology specialists. The quality and quantity of the content in this database are impressive and will certainly prove valuable to many researchers in education studies. Consequently, its primary audience will be colleges and universities, specifically those with education programs. It will be of only marginal use to others.

Sociálna opora ako súčasť zdravotnej gramotnosti u pacientov s artériovou hypertenziou

Objectives: The partial objective of the pilot study was to determine the perception of social support in the field of health in patients with arterial hypertension. The pilot study was carried out as part of the KEGA project no. 010 a ku-4/2022 implementation of elements of supporting health literacy of the adult population in education in the field of nursing. Material and methods: The survey group consisted of 96 respondents with arterial hypertension. 52 (54%) women and 44 (46%) men were represented in the ensemble. The respondents were aged between 19 and 76 years (average age: 49.3 years). Data collection was carried out using the Slovak version of the standardized measurement tool Health Literacy Questionnaire (HLQ) based on the HLQ™ license agreement. Results: The average score achieved for the entire domain 4 of the HLQ questionnaire: Social support in the field of health is at the level of 3.06, which means that the respondents feel a strong social support in the field of health. The analysis of the results in our pilot study did not show a statistical significance of age, gender, education and place of residence of the respondents in relation to the perception of social support. Conclusion: Optimal health literacy in patients with arterial hypertension is essential for effective disease management, including blood pressure monitoring, adherence to recommended treatment procedures, and lifestyle modification. Social support is an integral part of health literacy in patients with arterial hypertension.