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Licensing in an International Context

Licensing in an International Context. Class 3 - Screencast 2. Remedies in license agreements. Contract remedies may be available for a violation of a license agreement. In the United States, these usually take the form of damages.

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Licensing in an International Context

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  1. Licensing in an International Context Class 3 - Screencast 2

  2. Remedies in license agreements Contract remedies may be available for a violation of a license agreement. In the United States, these usually take the form of damages. IP infringement remedies may be available for a violation of a license agreement. In the United States, these usually includean injunction.

  3. IPinfringementremedies IP ownerstypicallyseekdamages (compensation) for pastinfringement IP ownerstypicallyseek an injunction to stop prospective (future) infringement Infringementtypicallymorepowerfulremedythandamages (i.e. theyput the infringerout of business)

  4. IP owner’s (Licensor’s) remedies Against Licensee • contract remedies (damages) • IP remedies (injunctions) if use is outside of scope of license Against downstream customers of Licensee • IP remedies only - and only if use is outside scope of license • No contract remedies available (due to absence of contractual relationship) Against third parties - IP remedies only

  5. Licensee’s Remedies Exclusive licensee • possible contract remedies against own customers • IP remedies Non-exclusive licensee • possible contract remedies against own customers • No IP remedies (due to absence of standing)

  6. Exercise of IP remedies LicenseagreementmayrequireLicensor to pursueinfringementactions – or it mayrequireLicensee to do so Licenseagreementmaydistributecontrol over litigationbetweenLicensor and Licensee and allocateexpensebetweenthem

  7. Quiz Licensee has ceasedproducing and sellinglicensedproduct. LicenseeowesLicensor $2m in pastroyalties. WhichremedieswillLicensorseek?

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