University Technology Transfer Practices
Benjamin Thorner of Brobeck Phleger & Harrison LLP
Prior to the passage of the Bayh-Dole Act (the "Act") by Congress in 1980, inventions, writings and creations of American academic institutions were for the most part freely contributed to the body of public knowledge.
Protecting Your Rights To Intellectual Property In Bankruptcy
Maureen C Dellinger and John S. Wesolowski of Pillsbury Winthrop Shaw Pittman LLP
This article recommends how creditors should protect their security interests in intellectual property. In addition, the author reviews how licensees should protect their intellectual property rights.
Commercialization: Get the Most Out of Your Intellectual Property Rights
Michael A. Diener,Barry J. Hurewitz,Barry J. Hurewitz,Barry J. Hurewitz and Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP
Companies seeking to profit from their intellectual property may adopt a number of commercialization strategies, ranging from direct sales to the outright sale of their technology. Michael Diener of Hale and Dorr LLP discussed these two strategies, as well as the continuum of options in between them.
Bankruptcy Code Section 365(n) Protects Licensees Right to Continued Use of Intellectual Property
Carl T. Anderson of Paul, Hastings, Janofsky & Walker LLP
In the rapidly changing world of technology, it is not uncommon for large companies to become dependent .
The Value of "Research Tool" Patents in View of Integra v. Merck
Deborah A. Somerville and Jeffrey S. Ginsberg of Kenyon & Kenyon LLP
On June 6, 2003, the Court of Appeals for the Federal Circuit seemingly breathed new life into research tool patents when it held that the use of patented peptides for drug discovery was not exempt from infringement under the "safe harbor" provision of 35 U.S.C. § 271(e)(1).
Considerations In Licensing New Technology
Homer L. Knearl of Merchant & Gould P.C.
This review begins with the considerations on selecting a type of intellectual property to protect a new technology and follows up with practical considerations in licensing the intellectual property protecting the technology. With a new technology it is not always clear what type of intellectual property is the best fit to protect the technology. Accordingly, I?m going to take a couple of minutes to quickly review the relationship between tangible property, intellectual property and rights in the intellectual property.
Resale Royalties in the United States for Fine Visual Artists: An Alien Concept
Elliott C. Alderman of The Alderman Law Office
On December 1, 1990, President Bush signed into law the Visual Artists Rights Act of 1990, which w.
New Developments In Assessing Customs Duties On Royalty For Imported Goods In China
R.Z. Margaret Lu and Yuping Wang of Davis Wright Tremaine LLP
Following China's accession to the World Trade Organization (WTO) in December 2001, the Customs General Administration of the People's Republic of China promulgated Measures of the People's Republic of China Customs on Examination and Determination of Customs Duties Levied against Imported and Exported Goods (the "Measure"). The Measure replaced two pre-WTO regulations on the same subject, and set forth the rules, among others, for assessing customs duty on royalties to be paid by buyers of imported goods and the payment of such royalties is the seller's condition to selling the goods into China.
Protecting Your Rights to Intellectual Property in Bankrupcy
Philip S. Warden of Pillsbury Winthrop Shaw Pittman LLP
A. Introduction. The United States bankruptcy laws affect intellectual property rights, particularly the rights.
Licensing Translation Rights: Part II--Negotiating The Deal
Lloyd L. Rich of The Law Office of Lloyd L. Rich
In this article, the author discusses some of the key the key terms that will need to be discussed and agreed upon by the parties before a licensing agreement can be successfully concluded.
Seller Beware: Granting licenses has its issues
Neil P. Ferraro of Wolf, Greenfield & Sacks, P.C.
Unlike most other kinds of property, Intellectual property, such as patents, trade secrets, trademarks and copyrights, is intangible - it is a product of the mind. But like other property, intellectual property (IP) can be sold, given away or licensed to generate revenue or other valuable assets.