Research Handbook on Intellectual Property Licensing (2猫me 茅d., 2025)

Information

Research Handbook on Intellectual Property Licensing

This second edition of the Research Handbook on Intellectual Property (IP) Licensing explores the multiple facets of IP licensing law from a global and comparative perspective through the opinions of leading experts.

The Handbook combines an in-depth analysis of various specific types of IP licensing agreements (including FRAND licensing of Standard Essential Patents and data licensing) with a presentation of other topics of both dogmatic and practical relevance affecting all types of IP licensing transactions, including competition law and bankruptcy law. The Handbook goes beyond the analysis of classical substantive issues and discusses the treatment of IP licensing under international investment law and the use of commercial arbitration for solving international IP licensing disputes.

The Handbook ultimately aims to offer a scholarly contribution to the development of global or regional IP licensing laws and policies. By opening innovative transversal, comparative and policy perspectives, this Handbook will appeal to a wide audience including IP practitioners, lawyers and IP and contract law scholars globally.

Critical Acclaim

‘Intellectual Property (IP) licensing agreements have been a standard transaction in the business world since the early development of IP law. The authors have done a fantastic job describing the intricacies of IP licensing law. They also provide insights into its link to competition law, Standard Essential Patents under FRAND, and data transactions. This book will be of great interest not only to lawyers and business professionals, but also to all of us in our daily lives as consumers.’

– Marco M. Aleman, Assistant Director General, World Intellectual Property Organization, Switzerland

‘This comprehensive volume examines from multiple angles the rapidly changing world of IP licensing. Especially valuable are the up-to-date treatments of competition law, FRAND licensing, and the Medicines Patent Pool. Essential reading for both practitioners and policymakers.’

– William Fisher, WilmerHale Professor of Intellectual Property Law, Harvard Law School, USA

‘IP lawyers and IP judges are apt to have a two-dimensional perspective view of IP law. There are just two big subjects: validity and scope of protection. Nearly all they do is about one or both of these. Yet out in the real world there is a third subject – licensing of IP rights. It is almost certainly in financial terms the biggest subject. Although of course there are sometimes disputes, licensing largely works in the background. It is akin to dark matter – there but you can’t see it. This book does what few others do – it casts light upon IP licensing.’

– The Rt. Hon. Sir Robin Jacob, Faculty of Laws, AV短视频 College London, UK

‘Whether used as a reference guide for best practices or read cover-to-cover, the Research Handbook on Intellectual Property Licensing is an excellent guide for anyone seeking to capture value from intangible assets.’

– From the Foreword by Sonja London, President, Licensing Executives Society International (LESI), 2024-2025

Table of Content

Part I – TRANSVERSAL IP LICENSING ISSUES
Part II – IP-SPECIFIC LICENSING ISSUES
Part III – SELECTED REGIONAL AND NATIONAL PERSPECTIVES
Part IV – GLOBAL OR REGIONAL HARMONIZATION OF IP LICENSING LAW

Foreword by Sonja A. London
Research Handbook on Intellectual Property Licensing: an introduction

Part I – TRANSVERSAL IP LICENSING ISSUES

Intellectual property licensing and competition law
Andreas Heinemann and Giulia Mara Meier

Intellectual property licensing agreements and bankruptcy
Mark Reutter

The law governing international intellectual property licensing agreements (a conflict of laws analysis)
Pedro A. de Miguel Asensio

Intellectual property licensing under international investment law
Christopher S. Gibson and Henning Grosse Ruse-Khan

IP licensing issues arising in international commercial arbitration
François Dessemontet

Successfully arbitrating intellectual property disputes: practical and procedural considerations
Jacques de Werra

Part II – IP-SPECIFIC LICENSING ISSUES

Section A
Copyright and data licensing

Authors’ transfer and license contracts under US copyright law
Jane C. Ginsburg

Clarifications and complications in enforcing open source software licenses
Robert W. Gomulkiewicz

Contractual freedom and fairness in EU data sharing agreements
Thomas Margoni and Alain Strowel

Section B
Patent, trade secrets and technology licensing

International patent licensing
Mark Anderson and Agnieszka Wozniak

Licensing of standards-essential patents on FRAND terms
Jorge L. Contreras

The licensing of trade secrets and know-how
John Hull

Technology licensing between academic institutions and private companies
Heinz Goddar

Socially responsible intellectual property licensing: the case of the Medicines Patent Pool
Nataliya Omelchuk and Kelvin Nguyen

Section C
Trademark licensing and character merchandising

Trademark licensing between differences and convergence: a comparative and critical overview
Irene Calboli

Character merchandising licensing agreements
Irene Calboli and Gabrielle Armstrong

Part III – SELECTED REGIONAL AND NATIONAL PERSPECTIVES

Licensing intellectual property rights in Africa: focus on ARIPO selected member states and South Africa
Martha Kabaira Chikowore

Intellectual property licensing in China
Hong Xue

Intellectual property licensing in India
Nikhil Krishnamurthy and Gautam K.M.

Intellectual property licensing in Japan
Shinto Teramoto

Intellectual property licensing in the Federative Republic of Brazil 446
Benny Spiewak

Part IV – GLOBAL OR REGIONAL HARMONIZATION OF IP LICENSING LAW

A concept proposal for a model intellectual property commercial law
Lorin Brennan and Jeff Dodd

European IP license contract law: a model for data sharing transactions?
Mary-Rose McGuire