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Avoiding Common Misperceptions and Mistakes in Patent License Agreements
Negotiating and drafting the terms of a patent license can be difficult, contentious, and time consuming, especially when the parties are in a hurry to proceed with the broader business venture of which the license is but one part. However, those who decide to skip or skimp on the troublesome details of license drafting will often later face the consequences of a poorly thought-out license relationship ' consequences that are significantly more troublesome and costlier than the burden of thoroughly and accurately documenting the intended terms of the relationship at the outset. Even more frustrating is the experience of drafting a license that diligently attempts to address the business or legal issues thought to be important at the outset of the license relationship, only to discover later that a crucial (but possibly latent) problem was overlooked or inadequately addressed.
Many problems and pitfalls relating to patent licenses can be averted by consulting an attorney skilled in patent transactions prior to agreeing on definitive license terms. Moreover, having an attorney that has a thorough understanding of the types of problems that frequently arise in patent licenses can place a party at a considerable advantage in the important initial deal proposal and licensing negotiations ' well before preparation of a final license for execution. A party can thus take steps to ensure from the outset that the final license will take into account the issues that are likely to be of most concern to that party.
An understanding of common licensing pitfalls is not simply a means by which one party can secure a tactical advantage or win a lopsided license solely in his favor. Indeed, one of the benefits of awareness of potential patent license problems is in avoiding situations in which license terms, initially negotiated without an eye toward their practical workability, when placed in context, become so manifestly unworkable that both parties will ultimately have to accede to their revision ' revision that may be to the detriment or delay of the parties' business relationship.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?