Drafting And Negotiating Intellectual Property Transactions
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Author | : James A. Coles (Sr.) |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Intellectual property |
ISBN | : 9781641058568 |
"This book addresses practical application of intellectual property principles to drafting and negotiating intellectual property transactions, intended to be used by practicing lawyers for use in their practices in addition to being used as a textbook for a law school course"--
Author | : James M. Klotz |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 547 |
Release | : 2018-05-07 |
Genre | : Business & Economics |
ISBN | : 9403500913 |
Compared to domestic transactions, the risks associated with international sales are greatly multiplied. It is a rare international sales agreement to rely on minor variations of standard terms, as is so often the case in domestic agreements. Foreign laws, export/import and currency exchange controls, treaties, transit issues, inspection of goods, insurance, tariffs – all these and more – must be taken into account in contract negotiations. This is the third edition of an enormously useful book that guides practitioners through the process of drawing up sound agreements for the international sale of goods. Organized according to the framework of an annotated agreement, with detailed commentary on each provision, it incorporates hundreds of sample clauses designed to cover every contingency, including such factors as the following (and a great deal more): • definitions; • price adjustments; • labelling; • transportation modes; • confidentiality; • INCOTERMS; • documentation; • delivery dates; • limitation of liability; • arbitration; and • corruption. Although the clauses are drawn without reference to any particular country, relevant considerations are covered in the commentary to each clause. Appendices reprint the texts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles, and the Principles of European Contract Law. For lawyers charged with drafting an international sales contract, this book is invaluable. Clause by clause, it clearly details the drafting process, commenting expertly on every issue likely to arise. It would be hard to find a more useful guide.
Author | : David W. Tollen |
Publisher | : American Bar Association |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Computer contracts |
ISBN | : 9781604429824 |
The Tech Contracts Handbook is a practical and accessible reference book and training manual on IT contracts. This is a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.This handbook is written for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, as any good contract should.Topics covered include: ·Software as a service (SaaS) and cloud computing agreements ·Warranties ·Indemnities ·Open source software ·Service level agreements ·Nondisclosure agreements ·Limitations of liability ·Internet and e-commerce contracts·Software escrow ·Data security ·Copyright licensing ·And much more
Author | : Tina L. Stark |
Publisher | : ALM Publishing |
Total Pages | : 712 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : 9781588521057 |
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
Author | : James Michael Klotz |
Publisher | : Canada Law Book |
Total Pages | : 326 |
Release | : 1997-01-01 |
Genre | : Export sales contracts |
ISBN | : 9780888042194 |
Author | : Mark G. Malven |
Publisher | : |
Total Pages | : 410 |
Release | : 2015-05-07 |
Genre | : License agreements |
ISBN | : 9781402423703 |
Technology Transactions also provides a complete discussion of the many privacy considerations that must be kept in mind in an agreement to leverage any emerging technology. Considerations under the following statutes are discussed: - HIPAA- The Gramm-Leach-Bliley Act- The Childrens Online Privacy and Protection Act (COPPA) as well as the many protections that are afforded to international data transfers
Author | : Michala Meiselles |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 474 |
Release | : 2018-10-02 |
Genre | : Law |
ISBN | : 9403502134 |
Like any contract, an international licensing agreement spells out the rights and obligations of the contracting parties, manages potential risks and supplies a contingency plan for each party in the event the contractual relationship breaks down. However, international licensing of intellectual property, software or technology confronts the contracting parties with its own distinct challenges. When planning, drafting and negotiating such agreements, it is imperative to know exactly what core issues need to be addressed. This book provides this know-how in an easy-to-use, clear and concise fashion. This expert guide to the complex world of international licensing agreements brings together all the essential materials needed when dealing with such agreements and covers the following: • business models that may be used by the contracting parties; • standard provisions encountered in an array of international licensing agreements; • analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; • effect of competition law in a variety of jurisdictions; • ensuring trademark protection at both national and international levels; • clear explanation of key franchising terminology and disclosure rules; and • effect of international dispute resolution rules in a range of jurisdictions. Alongside detailed contract analysis, the book details numerous case studies from an array of industries, with detailed commentary. Practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements will quickly find this reference material indispensable. The book’s thorough analysis of this complex area will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
Author | : Gregory M. Stein |
Publisher | : American Bar Association |
Total Pages | : 624 |
Release | : 2016 |
Genre | : Commercial real estate |
ISBN | : 9781634254861 |
For proven guidance and techniques for handling a commercial real estate deal, this practical guide will help you negotiate and close the deal. The authors cover each step of a real estate transaction in the order in which it generally arises, and offers pertinent advice, practice comments, and sample forms throughout. Because much of the real estate lawyer's practice revolves around transactional documents, the book's chapters emphasize the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms are available online.
Author | : Cynthia M. Adams |
Publisher | : Aspen Publishing |
Total Pages | : 387 |
Release | : 2020-02-02 |
Genre | : Law |
ISBN | : 1543820891 |
From concept to closure, A Practical Guide to Drafting Contracts provides detailed instruction for drafting contracts. Moreover, it teaches readers how to adapt existing contracts and forms to the specific needs of their client--as is frequently done by lawyers in legal practice. Step-by-step instruction and examples unpack the purpose of each provision for a wide range of contracts and integrate the basic principles that apply to both domestic and international transactions. Practice exercises further develop students’ drafting skills, as well as their working knowledge of the language and syntax of contract law. New to the Second Edition: Enhanced coverage of negotiating and drafting contracts in the United States Mind-mapping exercises that help learners think deeply about key contract provisions and their effect on other important aspects of the contract New contract simulations and drafting exercises Clear signposting of text and exercises specifically written for non-native speakers Professors and students will benefit from: Step-by-step instruction through the entire drafting process In-depth explanations and helpful examples Insights into the strategic decisions behind drafting contracts Hands-on exercises that: Raise awareness of commonly occurring contract provisions Encourage use of phrasing appropriate to audience and purpose Build familiarity with the legal principles of contracts Provide practice modifying forms and contracts drafted by other parties Discussion of U.S. law regarding key contract provisions and drafting issues Online Student Resources including: Additional exercises A wealth of sample APA contracts, Consulting Agreements, and Distribution Contracts that students are encouraged to mine for appropriate language and provisions in the process of drafting new contracts
Author | : H. Wayne Porter |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Patent licenses |
ISBN | : 9781641059022 |
"This edition explains and emphasizes techniques that produce patents that may have broader interpretations and strengthened validity, which may have more impact in litigation and which may face less resistance by licensing targets"--