Features of Intellectual Property Rights Management as Part of the Business Strategy of the Company. Trademark Licensing

The owner’s property right of material objects like products, which are part of а company’s portfolio, usually transfers to another individual in the process of their commercialization and more specifically in their purchase and sale. Тhings are not the same when we talk about owner’s rights of Intellectual property. Due to the non-material form of the objects, which are part of the system of Intellectual property, for example trademark, owners can keep their property right of trademark although it is commercialized. This is possible through the opportunity for licensing. In short, the owners provide their right of Intellectual property to a third party under mutually agreed terms. In return, the third party makes different forms of payments. Do we know how to take the maximum of this opportunity and more specifically when we talk about trademark licensing which is a part of our business strategy? The purpose of this publication is to give answers to some fundamental questions.

IP Licensing Contracts in Italy ‒ Royalty Rate Determination and Dispute Resolution Clauses

The present work is aimed at exploring IP license agreements under Italian law, with a focus on trademark licensing in the fashion, cosmetics and perfumery sectors, as well as on patent and know-how licensing in the pharmaceuticals industry. In particular, we will address the issue of royalty rate determination and dispute resolution clauses, which constitute key elements of a license agreement. These clauses will be analyzed in light of the above-mentioned fields of interest, in order to show how IP contractual tools may vary, in consideration of a particular sector. Moreover, the article tries to combine the legal analysis with the economic implications for business and entrepreneurs. The fact is that license agreements are business-oriented contracts, the study of which is particularly useful for understanding how and to what extent an IP agreement may influence and even shape, in some cases, a whole sector, as we will see with, for example, the perfumery sector.

Estimating the Determinants of NCAA Athletic Department Intellectual Property (Trademark) Rights

Nike Inc. recently signed a trademark-licensing contract with the University of Michigan for nearly US$174 million over 11 years for the rights to be the supplier of athletic apparel and to use the university’s intellectual property (trademark) rights. The focus of this article is to empirically investigate the determinants for trademark-licensing contract values using athletic apparel contract data among NCAA Football Bowl Subdivision schools.

KETERKAITAN PERJANJIAN LISENSI MERK DENGAN PERJANJIAN WARALABA DAN DISTRIBUSI

AbstrakThe exclusive rights of trademark, consisting of the right to use and tolicense to other people to use the trademark, must be protected. The licensingof trademark is one way to protect the rights. The trademark licensing existsas the result of an contractual agreement between a licensor and a licensee.The agreement consists of, for instance, the duration; the rights andobligation of the parties; and dispute resolution. The agreement must beregistered to the trademarks office as well as the trademark. The agreementis based on contract law which parties can stablish their right andobligation. The party must obey the contract regarding with the duration,payment of royalty, termination of contract and so on. The utility ofagreement is not only to give benefit to the owner of the marks as licensor,but also to the licensee and state. The license agreement is related to afranchising and distributions hip agreement. All of the agreement give anexclusive right.