Exploiting IP And Licensing Arrangements

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Course Overview

Intellectual property, like other forms of property, creates the opportunity for its owner to make money. This course builds on our introductory intellectual property courses to explore what can be done with intellectual property rights and how they can be exploited by being sold, licensed or used as security.

Audience

Anybody that wishes to gain a deeper understanding of Intellectual Property and how to identify new ways in which it can be exploited

Course Outline

INTELLECTUAL PROPERTY AS PROPERTY

The different intellectual property rights

Ownership of intellectual property

Exploitation strategies: case studies

• "Ownership of intellectual property should normally rest with those best able to exploit it." (Policy Framework for Managing Intellectual Property in the NHS)
• Financial risk of exploitation

SELLING INTELLECTUAL PROPERTY RIGHTS

Asset sales

• Due diligence, disclosures and warranties
• Process of assignment

Share sales

LICENSING INTELLECTUAL PROPERTY

Contractual terms of IP licenses

• Defining the scope of the license
• Exclusive, non-exclusive and sole licenses
• Duration and geographical extent
• Royalties and license fees
• Sub-licensing
• Improvements
• Technical assistance
• Obligations of the licensor
• Obligations of the licensee
• Warranties and indemnities

Special rules for particular rights

• Patents and know-how
• Trademarks
• Copyright

Competition rules

• Prohibition on restrictive agreements
• Block exemption for technology transfer agreements
• Other forms of IP licenses

Exploiting IP And Licensing Arrangements / CM030606