Milgrim on Licensing

Author(s): Eric E. Bensen (Author), Roger M. Milgrim (Author)
Complete guide to intellectual property licensing transactions in all substantive IP practice areas.
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Print Book: 4 volumes, loose-leaf, updated with supplements and revisions
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Milgrim on Licensing is a comprehensive guide to licensing transactions in every substantive area of intellectual property. Written by two top-flight experts with practical experience in all aspects of intellectual property licensing, Milgrim on Licensing has been cited by the U.S. Supreme Court, U.S. court of appeal and numerous lower courts.

This resource provides extensive analysis of the significance of a very wide array of license agreement provisions in a variety of commercial/industrial settings, typically with sample language, including alternative phraseology that reflect a licensor’s or a licensee’s preference, and identification of potential pitfalls. In particular, it provides in-depth coverage of provisions concerning:

  • Scope of the license grant
  • Proper identification of the parties
  • Recitals, which can influence contract construction and regulatory review
  • Definitions
  • Matters to be provided by the licensee
  • Improvements and grant backs
  • Royalty, royalty structure and other approaches to consider
  • Duties concerning third-party infringement
  • Representations & warranties
  • Confidentiality concerns
  • Most Favored Licensee status
  • Term and Termination
  • Assignment
  • Bankruptcy considerations
  • Jurisdiction and venue
  • Merger clauses

In addition to the forgoing, Milgrim on Licensing provides insightful, comprehensive coverage of the areas of law that are the backdrop for any license negotiation. That coverage includes the laws that define the significance of the various forms of assignments and license grants including their impact on standing to sue for infringement and the laws governing:

  • Patents
  • Copyrights
  • Trademarks
  • Trade secrets
  • Antitrust

Importantly, Milgrim on Licensing focuses on hybrid licensing, the art of combining two or more forms of complementary intellectual property, enabling comprehensive transactional coverage of real-world licensing in a complex industrial/commercial setting.

Milgrim on Licensing also includes a full volume of form license agreements for a remarkable variety of potential licensing scenarios.

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