Licensing of Intellectual Property Rights

C) Describe a subject matter of licensing agreements.

А) Read the text and name the facts from the text which are new to you.

B) Write down six questions about the text.

A) Supply the prepositions where necessary.

READ AND DISCUSS

Say what you think about supervision over the licenses process.

COMMUNICATIVE SITUATIONS

1. Round-table discussion. The question on the agenda is “Licensing principles
in Ukraine”. Open such questions:

– What are legal grounds of the licensing principles in Ukraine?

– What bodies are involved in the licenses process?

– How is the licenses process arranged in Ukraine?

– How is the licenses process controlled?

– What are the sources of the contractual agreements?

Prices should be established so … … encourage use rather … discourage it … example:

· Many suppliers price electronic information … lower … the print equivalent (if there is one);

· Many suppliers now offer incentives, such … consortia pricing, a choice of pricing models, and the like.

Prices should be fully disclosed … no hidden charges. An unbundled (from print) price should be offered … electronic versions; a bundled price may be offered as well where this offers advantages … the licensee. There should be no penalty … canceling print … order to take … the electronic version … a resource. Requirements... non-disclosure … license terms are generally inappropriate.

Words you may need:

to еncourage – схвалювати

incentives – стимули

charges – обов’язки

consortia – консорціум

to canceling – відміняти

inappropriate – недоцільно

b) Put 7 – 10 questions to the text.

You may be interested in starting a new business, expanding an existing business (extending your territory or the nature of business) or improving the quality of the goods or services of your SME and thereby its market position. In many situations, licensing of intellectual property rights is an effective tool for achieving these business goals. A licensing agreement is a partnership between an intellectual property rights owner (licensor) and another who is authorized to use such rights (licensee) in exchange for an agreed payment (fee or royalty). A variety of such licensing agreements are available, which may be broadly categorized as follows:

· Technology License Agreement

· Trademark Licensing and Franchising Agreement

· Copyright License Agreement

In practice, all or some of these agreements often form part of one single contract since in transfers of this nature many rights are involved and not simply one type of intellectual property right. You may also come across licensing agreements in other circumstances, such as, during a merger or acquisition, or in the course of negotiating a joint venture. All of these mechanisms either on their own or in combination will provide your SME, as a licensor or licensee, a wide variety of possibilities in conducting business in your own country or elsewhere. As an intellectual property owner and a licensor, your SME can expand its business to the frontiers of your partners' business and ensure a steady stream of additional income. As a licensee, your SME can manufacture, sell, import, export, distribute and market various goods or services which it may be prevented from doing otherwise.

In the international context, a formal licensing agreement is possible only if the intellectual property right you wish to license is also protected in the other country or countries of interest to you. If your intellectual property is not protected in such other country or countries then you would not only be able to license it, but also you would have no legal right to put any restriction on its use by anyoneelse.

Words you may need:

to еxpand – поширювати

to еxtend – розширювати

a merger or acquisition – об’єднання або прийом

a joint venture – спільне підприємство

possibilities – можливості

international context – міжнародна складова

restriction – обмеження

9. Read the text and say what you know about licenses:

Дата добавления: 2014-12-23