ABSTRACT

This chapter analyzes the contractual arrangements used in the field of intellectual property transfer. It reviews common clauses used to protect rights of the licensor and how best to protect the confidentiality of the licensor's property rights. Intellectual property licensing in the narrowest sense involves the sale or assignment of statutorily recognized rights of patents, trademarks, and copyrights to a foreign licensee or buyer. Licensing, from the licensor perspective, provides an inviting means of generating revenues without committing large amounts of capital. A technology or Intellectual Property Rights (IPR) licensing agreement enables a company to enter a foreign market quickly, and it poses fewer financial and legal risks than foreign direct investment. In considering the licensing of IPR, it is important to remember that foreign licensees may attempt to use the license to manufacture products to be marketed in third-party countries in direct competition with the licensor or its other licensees.