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Corporate-Sponsored Research Agreements With Universities
Corporate-sponsored research plays a crucial role in performing foundational research in new technology areas. These research projects are also mutually beneficial. Corporate sponsors (Sponsors) receive a cost-effective opportunity to explore new technology areas with leading academics and talented students. In turn, universities benefit from Sponsors providing research funding and industry expertise.
Sponsors, however, need to be aware of IP risks that may arise when sponsoring university research. University researchers often do most, if not all, of the research and are therefore the sole authors and inventors on any IP that is created. This typically means that the university owns the resulting IP. Sponsors that fail to secure IP rights before the start of a research project may find that they cannot use the research results without paying substantial royalties to the university. Indeed, universities have increasingly sought to monetize their IP portfolios through licensing programs, and in some cases, litigation. Sponsors can mitigate this risk by negotiating research agreements that provide IP rights upfront. This article identifies the IP rights that Sponsors should seek to secure in research agreements and discusses strategies that Sponsors can use to convince universities to provide these rights upfront.
Sponsor-Required IP License Rights
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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
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.